IFCASA, S.A. v. American International Container, Inc.
This text of 527 So. 2d 952 (IFCASA, S.A. v. American International Container, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IFCASA appeals from an order of the trial court dismissing its complaint with prejudice. The trial court based its order of dismissal upon section 607.354, Florida Statutes (1987), which provides in relevant part:
607.354 Transacting business without certificate of authority.—
(1) No foreign corporation transacting business in this state without authority to do so shall be permitted to maintain any action, suit, or proceeding in any court of this state until such corporation shall have obtained authority to transact business in this state.
American International Container has conceded that the dismissal should have been without prejudice in order to permit IFCASA to comply with the statute’s registration requirements. We, accordingly, reverse and remand with directions to the trial court to delete the words “with prejudice” from its order.
Reversed and remanded with directions.
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Cite This Page — Counsel Stack
527 So. 2d 952, 13 Fla. L. Weekly 1578, 1988 Fla. App. LEXIS 2826, 1988 WL 67783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ifcasa-sa-v-american-international-container-inc-fladistctapp-1988.