South Dade Farms, Inc. v. Investment Bank S.A.L. of Beirut

District Court of Appeal of Florida

South Dade Farms, Inc. v. Investment Bank S.A.L. of Beirut

244 So. 2d 555, 1971 Fla. App. LEXIS 7036

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 1971

DocketNo. 70-1093

StatusPublished

Cited by1 cases

This text of 244 So. 2d 555 (South Dade Farms, Inc. v. Investment Bank S.A.L. of Beirut) 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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South Dade Farms, Inc. v. Investment Bank S.A.L. of Beirut, 244 So. 2d 555, 1971 Fla. App. LEXIS 7036 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

By this interlocutory appeal, review is sought of an order quashing service on the appellee, Investment Bank S.A.L. of Beirut, Lebanon. Service was attempted pursuant to the provisions of § 48.181, Fla.Stat., F.S.A. We affirm.

The appellee, Investment Bank S.A.L. of Beirut, Lebanon, issued certain letters .of credit in connection with a contract for the purchase and sale of real estate in Dade County, Florida, the contract being between 'South Dade Farms, Inc. and Seaboard Continental Corporation, but the letters of credit were not to be released from escrow unless the transaction “closed”. It is apparent from the record that the contract was not closed. Therefore, the letters of credit did not become viable and would not constitute a doing of business within the provisions of § 48.181, Fla.Stat., F.S.A., to justify substituted service by serving the [556]*556Secretary of State. If the contract had been closed a different situation might have arisen, but by the terms of the purchase and sale agreement they were not to be effective until such time as there was a closing of the agreement.

Therefore, for the reasons above stated, the order here under review is hereby affirmed.

Affirmed.

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PER CURIAM.

By this interlocutory appeal, review is sought of an order quashing service on the appellee, Investment Bank S.A.L. of Beirut, Lebanon. Service was attempted pursuant to the provisions of § 48.181, Fla.Stat., F.S.A. We affirm.

The appellee, Investment Bank S.A.L. of Beirut, Lebanon, issued certain letters .of credit in connection with a contract for the purchase and sale of real estate in Dade County, Florida, the contract being between 'South Dade Farms, Inc. and Seaboard Continental Corporation, but the letters of credit were not to be released from escrow unless the transaction “closed”. It is apparent from the record that the contract was not closed. Therefore, the letters of credit did not become viable and would not constitute a doing of business within the provisions of § 48.181, Fla.Stat., F.S.A., to justify substituted service by serving the [556]*556Secretary of State. If the contract had been closed a different situation might have arisen, but by the terms of the purchase and sale agreement they were not to be effective until such time as there was a closing of the agreement.

Therefore, for the reasons above stated, the order here under review is hereby affirmed.

Affirmed.

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244 So. 2d 555, 1971 Fla. App. LEXIS 7036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-dade-farms-inc-v-investment-bank-sal-of-beirut-fladistctapp-1971.

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