Vias Del Austro Compania v. O. E. Miami Corp.

District Court of Appeal of Florida

Vias Del Austro Compania v. O. E. Miami Corp.

415 So. 2d 107, 1982 Fla. App. LEXIS 20375

CourtDistrict Court of Appeal of Florida

DecidedJune 15, 1982

DocketNo. 81-1382

StatusPublished

Cited by1 cases

This text of 415 So. 2d 107 (Vias Del Austro Compania v. O. E. Miami Corp.) 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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Vias Del Austro Compania v. O. E. Miami Corp., 415 So. 2d 107, 1982 Fla. App. LEXIS 20375 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

We reverse the order under review; vacate the default and judgment and order taxing costs entered against Vias Del Aus-tro Compañía Limitada, a foreign corporation existing under the laws of the Republic of Ecuador; and quash the post-judgment writ of garnishment issued to Citibank International, in which funds of said corporation were held on deposit, upon a holding that the record indisputably reflects, inter alia, that the corporation Vias Del Austro Compañía Limitada was not named as a defendant in the suit out of which judgment against it arose, was never served with process, was never notified of a trial after default was entered against it, and did not participate or acquiesce in the proceedings in any manner.

Reversed for the entry of appropriate orders consistent with this opinion.

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PER CURIAM.

We reverse the order under review; vacate the default and judgment and order taxing costs entered against Vias Del Aus-tro Compañía Limitada, a foreign corporation existing under the laws of the Republic of Ecuador; and quash the post-judgment writ of garnishment issued to Citibank International, in which funds of said corporation were held on deposit, upon a holding that the record indisputably reflects, inter alia, that the corporation Vias Del Austro Compañía Limitada was not named as a defendant in the suit out of which judgment against it arose, was never served with process, was never notified of a trial after default was entered against it, and did not participate or acquiesce in the proceedings in any manner.

Reversed for the entry of appropriate orders consistent with this opinion.

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415 So. 2d 107, 1982 Fla. App. LEXIS 20375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vias-del-austro-compania-v-o-e-miami-corp-fladistctapp-1982.

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