324 So. 2d 719 | Fla. Dist. Ct. App. | 1975
Appellant sought to establish in this state a Tennessee final judgment obtained against appellees upon personal service in Tennessee. Since appellant was not a corporation authorized to transact business in the State of Florida within the contemplation of Chapter 613, F.S.1973, the trial court granted a motion to abate the action until compliance therewith in accordance with the provisions of that chapter. We reverse.
It is settled in this state that the mere filing and
We think, therefore, Chapter 613, supra, is inapplicable. A contrary holding would either violate the commerce clause of the United States Constitution if the underlying cause of action were merely an isolated transaction or, in the case of a valid foreign judgment as here, contravene the full faith and credit clause thereof.
Accordingly, the order appealed from should be, and it is hereby, reversed; and the cause is remanded for further proceedings not inconsistent herewith.
. See Crockin v. Boston, Store of Ft. Myers (1939), 137 Fla. 853, 188 So. 853; McMullen v. Inland, Realty Corporation (1933), 113 Fla. 476, 152 So. 740 (Special Concurring Opinion reported in 156 So. 481); Al Wilson’s Power-Ful Displays, Inc. v. Morgan Adhesive, Inc. (Fla.App. 3d 1972), 259 So.2d 166.