Wright v. Sterling Drug, Inc.
| Decision Date | 17 October 1975 |
| Docket Number | No. 75--747,75--747 |
| Citation | 321 So.2d 460 |
| Parties | Francis E. WRIGHT, Appellant, v. STERLING DRUG, INC., a Foreign Corporation, Appellee. |
| Court | Florida District Court of Appeals |
William F. Blews, Blews & Everhart, St. Petersburg, for appellant.
Robert F. Nunez, St. Petersburg, for appellee.
This is the third occasion that this controversy has been before us.
Appellant appeals an order vacating and setting aside a default and final judgment which had previously been entered against appellee. On November 1, 1972, appellant/plaintiff had filed a complaint for damages against appellee-defendant alleging that appellee manufactured a drug which caused appellant's blindness. On November 21, 1972, the summons and complaint were served upon John D. Buchanan, an agent transacting business in Florida for Prentice-Hall Corporation Systems, Inc., as resident agent for appellee. On December 19, 1972, a judgment by default was entered against appellee. On March 12, 1973, final judgment was entered, pursuant to the jury verdict, in the sum of $500,000 in favor of appellant. On June 15, 1973, appellee filed a motion to vacate and for other relief. On June 27, 1973, the court rendered its order setting aside the default and final judgment previously entered in this case. Appellant filed a petition for writ of certiorari to this court which was denied as being a technically improper method of review. Wright v. Sterling Drugs, Inc., Fla.App.2d, 1973, 287 So.2d 376.
The case was returned to the circuit court and, subsequently, appellant filed a 'SUGGESTION OF FRAUD UPON THE COURT, SUGGESTION OF MISREPRESENTATION AND FALSE TESTIMONY AND MOTION FOR RECONSIDERATION.' After hearing, the trial court granted appellant's relief and withdrew and set aside its prior order vacating the default judgment. Appellee then filed an interlocutory appeal and this court affirmed the ruling of the trial court which set aside the order vacating the default judgment. Sterling Drug, Inc. v. Wright, Fla.App.2d, 1975, 307 So.2d 494. The cause was again returned to the circuit court. This time appellee filed its amended motion to vacate and for other appropriate relief. After hearing, the trial court rendered its order granting appellee's motion finding in pertinent part:
3. The Defendant, Sterling Drugs, Inc., was never personally notified of the pendency of this suit prior to the entry of the Final Judgment.
4. The failure to transmit the suit papers to Sterling Drugs, Inc., was not due to any fault of the Defendant, Sterling Drugs, Inc., but was due to a mistake among the employees of Prentice-Hall Corporation Systems, Inc., the service-of-process agent of Sterling Drugs, Inc. Appellant timely filed this interlocutory appeal.
The basic issue for our consideration is whether a foreign corporation (appellee) is bound by the failure of an agent or employee of its resident agent to notify it of service of process. See Florida Statutes, Sections 48.081; 48.181(1) and (2); and 48.091. Upon the rationale of our recent decision rendered in Barnett Bank of Clearwater v. Folsom, Fla.App.2d, 1975, 306 So.2d 186, this issue is answered in the affirmative.
Appellee attempts to distinguish Folsom, Supra, by contending that in this case appellee seeks relief under Rule 1.540(b)(1), RCP, and that the rule was not before the court in Folsom, supra....
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Country Clubs of Sarasota, Ltd. v. Zaun Equipment, Inc., FF-125
...1977). The trial judge did not err in denying appellant's motion to set aside the judgment. I would affirm. 1 Wright v. Sterling Drug, Inc., 321 So.2d 460 (Fla. 2d DCA 1975). ...
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Sterling Drug, Inc. v. Wright
...the process to Sterling was excusable, since it was due to the mistake of an employee of Prentice-Hall. In its decision reported at 321 So.2d 460, the District Court of Appeal, Second District, reversed relying on Barnett Bank of Clearwater v. Folsom, 306 So.2d 186 (Fla.2d DCA 1975). In Fol......