Inversiones S.O.S. v. First Union National Bank of Florida

District Court of Appeal of Florida

Inversiones S.O.S. v. First Union National Bank of Florida

702 So. 2d 285, 1997 Fla. App. LEXIS 13686, 1997 WL 756668

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1997

DocketNo. 97-2486

StatusPublished

This text of 702 So. 2d 285 (Inversiones S.O.S. v. First Union National Bank of Florida) 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.

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Inversiones S.O.S. v. First Union National Bank of Florida, 702 So. 2d 285, 1997 Fla. App. LEXIS 13686, 1997 WL 756668 (Fla. Ct. App. 1997).

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Opinion

KLEIN, Judge.

A company called Property U.S.A. and its president, Nicholas Nolter, were the payor and guarantor on a promissory note to the appellee bank, secured by a yacht owned by Property U.S.A When the note went into default, the bank filed this action seeking payment of the note and a writ of replevin to recover the yacht, alleging that it was located in Costa Rica. After a show cause hearing at which the defendants failed to appear, the court entered an order on June 28, 1996, directing the clerk to issue a writ of replevin. In February 1997, a Costa Rican court domesticated the order as a Costa Rican order.

Appellant, in May 1997, moved to intervene in the trial court action, alleging that the action was still pending, that appellant was the owner of the yacht, and that the replevin order should be set aside on the ground that the trial court did not have jurisdiction to grant replevin because the yacht was in Costa Rica. The trial court granted the motion to intervene, but refused to set aside the order, resulting in this appeal.

Although the trial court had jurisdiction over the claim on the promissory note, it did not have jurisdiction to issue a writ of replev-in, because the property is not within the state. Prestige Rentr-A-Car, Inc. v. Advantage Car Rental & Sales, Inc., 656 So.2d 541 (Fla. 5th DCA 1995) and cases cited therein. We therefore reverse and remand for the [286]*286order directing the issuance of a writ of replevin to be vacated.

GLICKSTEIN and GUNTHER, JJ., concur.

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KLEIN, Judge.

A company called Property U.S.A. and its president, Nicholas Nolter, were the payor and guarantor on a promissory note to the appellee bank, secured by a yacht owned by Property U.S.A When the note went into default, the bank filed this action seeking payment of the note and a writ of replevin to recover the yacht, alleging that it was located in Costa Rica. After a show cause hearing at which the defendants failed to appear, the court entered an order on June 28, 1996, directing the clerk to issue a writ of replevin. In February 1997, a Costa Rican court domesticated the order as a Costa Rican order.

Appellant, in May 1997, moved to intervene in the trial court action, alleging that the action was still pending, that appellant was the owner of the yacht, and that the replevin order should be set aside on the ground that the trial court did not have jurisdiction to grant replevin because the yacht was in Costa Rica. The trial court granted the motion to intervene, but refused to set aside the order, resulting in this appeal.

Although the trial court had jurisdiction over the claim on the promissory note, it did not have jurisdiction to issue a writ of replev-in, because the property is not within the state. Prestige Rentr-A-Car, Inc. v. Advantage Car Rental & Sales, Inc., 656 So.2d 541 (Fla. 5th DCA 1995) and cases cited therein. We therefore reverse and remand for the [286]*286order directing the issuance of a writ of replevin to be vacated.

GLICKSTEIN and GUNTHER, JJ., concur.

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702 So. 2d 285, 1997 Fla. App. LEXIS 13686, 1997 WL 756668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inversiones-sos-v-first-union-national-bank-of-florida-fladistctapp-1997.

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