JAMES J. MACIVOR AND CELESTE MACIVOR, HIS WIFE, APPELLANTS,
v.
VOLVO PENTA OF AMERICA, INC., VOLVO OF AMERICA CORPORATION, AB VOLVO PENTA INCORPORATED, AND PALMETTO MARINE DISTRIBUTORS, INC., APPELLEES
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Florida court reversed quashing of service on Swedish corporation, holding that the Hague Convention's service procedures preempt state requirements for sworn affidavits under the Supremacy Clause.
When service of process is completed by an official of a Hague Convention signatory country in accordance with Article 6 of the Convention, Florida's requirement for a sworn affidavit of service is preempted by the Supremacy Clause.
[1] Service of process effected by officials of a Hague Convention signatory country pursuant to Article 6 of the Convention is not subject to state statutory requirements fo…
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Join FLexlaw to unlock all legal intelligence“where process was served and return of process was completed by an official of a country that is a signatory to the Hague Convention in accordance with Article 6 of such Convention, the imposition of the additional requirement that proof of service be made under oath offends against the supremacy clause of the United States Constitution”
Court's holding on preemption of state affidavit requirement by Hague Convention
Appellants sued Volvo Penta entities for damages; process was served on AB Volvo Penta, a Swedish corporation, through Swedish officials pursuant to t…
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PER CURIAM.
The order under review quashing the process served in Sweden upon AB Volvo Penta, a Swedish corporation, on the ground that the appellants, by not timely filing an affidavit “by any officer authorized to serve process in the state where the person is served,” failed to comply with Section 48.194, Florida Statutes (1983), is reversed upon a holding that even assuming, arguendo, that such an affidavit must be filed when service is made in another state of the United States, see Nettles v. White, 439 So. 2d 1048 (Fla. 2d DCA 1983) (service in Texas); Palmer Johnson Yachts v. Ray Richard, Inc., 347 So. 2d 779 (Fla. 3d DCA 1977) (service in Wisconsin), where, as here, process was served and return of process was completed by an official of a country that is a signatory to the Hague Convention1 in accordance with Article 6 of such Convention, the imposition of the additional requirement that proof of service be made under oath offends against the supremacy clause of the United States Constitution.2
Reversed and remanded.
. The full title is the Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, reprinted in 28 U.S.C.A.Fed.R.Civ.P. 4 (Supp.1985). Sweden is a signatory to this treaty-
. U.S. Const. art. VI, cl. 2.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Renato Bevilacqua v. U.S. Bank, N.A., 194 So. 3d 461 (Fla. 3d DCA 2016)…pleted by an official of a country that is a signatory to the Hague Convention ... the imposition of any additional requirements ‘offends against the supremacy clause of the United States Constitution’ ”)(quoting MacIvor v. Volvo Penta of Am., Inc., 471 So. 2d 187, 188 (Fla. 3d DCA 1985)); Northrup King Co. v. Companid Productora Semillas Algodoneras Selectas, S.A., 51 F. 3d 1383, 1390 (8th Cir.1995) (holding that “[b]y not objecting to the documents and by certifying service, the 'Central Authority 'indicate…
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Puigbo v. Medex Trading, LLC, 209 So. 3d 598 (Fla. 3d DCA 2014)…natory to the Hague Service Convention in accordance with Article 6 of the Convention, as it was here, that service is sufficient, and any additional requirement which may be imposed by Florida law is pre-empted. MacIvor v. Volvo Penta of Am., Inc., 471 So. 2d 187, 188 (Fla. 3d DCA 1985); see Volkswagenwerk, 486 U.S. at 699, 108 S.Ct. 2104 (stating that by virtue of the Supremacy Clause of the United States Constitution, the Hague Convention “pre-empts inconsistent methods of service prescribed by state law i…
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Urs Koechli v. BIP Int'l, Inc., 861 So. 2d 501 (Fla. 1st DCA 2003)…sailboat was docked in the Bahamas. Section 48.194(1), Florida Statutes (2002), authorizes that service of process on persons outside the United States may be made in conformity with the Hague Convention. See MacIvor v. Volvo Penta of America, Inc., 471 So. 2d 187, 188 (Fla. 3d DCA 1985). Those portions of the Convention applicable here are in force in the United States, Switzerland and the Bahamas. The Hague Convention creates “appropriate means to ensure that judicial and extrajudicial documents to be serv…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Palmer Johnson Yachts v. RAY Richard, Inc., 347 So. 2d 779 (Fla. 3d DCA 1977)
- Nettles v. Corkleigh E. White, 439 So. 2d 1048 (Fla. 2d DCA 1983)