Opinion
No. 3D13-3047
07-30-2014
Juan Andres Puigbo, Appellant, v. Medex Trading, LLC, et al., Appellees.
Genovese Joblove & Battista, P.A., and W. Barry Blum and Aaron S. Blynn, for appellant. Holland & Knight, LLP, and Alex M. Gonzalez, Israel J. Encinosa, Monica Vila, and Michael E. Rothenberg, for appellees.
Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 11-21975 An Appeal from a non-final order from the Circuit Court for Miami-Dade County, John W. Thornton, Judge. Genovese Joblove & Battista, P.A., and W. Barry Blum and Aaron S. Blynn, for appellant. Holland & Knight, LLP, and Alex M. Gonzalez, Israel J. Encinosa, Monica Vila, and Michael E. Rothenberg, for appellees. Before WELLS, LOGUE and SCALES, JJ. SCALES, J.
Juan Andres Puigbo (Puigbo), Defendant below, appeals from a non-final order denying his Motion to Dismiss for Lack of Personal Jurisdiction, or in the alternative, Motion to Quash Service of Process or Dismiss on Forum Non Conveniens (Motion to Dismiss). Puigbo argues that valid service by publication pursuant to Venezuelan law is insufficient to confer in personam jurisdiction under Florida law. We conclude that service was made in compliance with the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965 [1969], 20 U.S.T. 361 (the Hague Service Convention), and affirm.
We have jurisdiction to review this non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i).
I. Relevant Background
On July 15, 2011, Medex Trading, LLC (Medex) filed suit against Puigbo and others seeking a money judgment. Medex alleged that the defendants schemed to defraud Medex. In an attempt to serve Puigbo, Medex sent service documents to the Venezuelan Central Authority in conformity with the Hague Service Convention. Following three unsuccessful attempts to personally serve Puigbo, the Venezuelan Central Authority served Puigbo by publication in accordance with Article 223 of the Civil Procedure Code of Venezuela. On June 3, 2013, that service was confirmed by a Venezuelan court order.
Service of Puigbo in this manner meets the requisites of the Hague Service Convention. See the Hague Service Convention, art. 6.
--------
Puigbo filed his Motion to Dismiss essentially arguing that, notwithstanding any provision of the Hague Service Convention, Florida law requires Medex to effect personal service on Puigbo since Medex is seeking a money judgment from Puigbo.
II. Analysis
a. Standard of Review
The standard of review of a trial court's denial of a motion to dismiss for lack of personal jurisdiction is de novo. Am. Express Ins. Servs. Europe Ltd. v. Duvall, 972 So. 2d 1035, 1038 (Fla. 3d DCA 2008). Likewise, the denial of a motion to quash service is subject to de novo review. Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177, 179 (Fla. 3d DCA 2011).
b. General Statutory Scheme
We begin our analysis by reviewing the relevant provisions of Florida's general statutory scheme governing service of process. Specifically, section 48.193(3), Florida Statutes (2013), states that persons outside of Florida who are subject to the jurisdiction of Florida's courts may be served "as provided in s. 48.194." The relevant provision of section 48.194, Florida Statutes (2013), is subsection (1), which reads, in pertinent part, as follows: "Service of process on persons outside the United States may be required to conform to the provisions of the Hague [Service] Convention . . . ."
c. The Hague Service Convention
The Hague Service Convention applies in all civil or commercial matters "where there is occasion to transmit a judicial or extrajudicial document for service abroad." Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694, 699 (1988) (citing the Hague Service Convention, art. 1). Florida law generally requires personal service to confer in personam jurisdiction in actions for personal money judgments. See Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225, 1227 (Fla. 1986); see also Zieman v. Cosio, 578 So. 2d 332, 333 (Fla. 3d DCA 1991). Because personal service is contemplated under Florida law, serving a defendant in another country necessarily requires "the transmittal of documents abroad" as contemplated by the Hague Service Convention. See Vega Glen v. Club M é ditarran é e S.A., 359 F. Supp. 2d 1352, 1356 (S.D. Fla. 2005). Thus, the Hague Service Convention applies to the instant case.
d. Interplay Between Statutes and Hague Service Convention
Puigbo contends that, even though the Hague Service Convention applies, and he was served in conformity with it, personal service is nonetheless required for a Florida court to have jurisdiction to render a money judgment against him.
Puigbo's contention, however, misapprehends the interplay between the relevant provisions of sections 48.193(3), 48.194(1), and the Hague Service Convention, and discounts the effect of the Supremacy Clause contained in Article VI, Clause 2, of the United States Constitution.
When process is served and return of process is completed by an official of a country that is a signatory 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 (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 in all cases to which it applies"). Such preemption is contemplated by the relevant Florida statutes cited above, which expressly reference that the Hague Service Convention may be applicable for service of process on persons outside of the United States.
III. Conclusion
Therefore, because the Venezuelan Central Authority served Puigbo in accordance with the Hague Service Convention, his Motion to Dismiss was properly denied.
Affirmed.