Opinion
No. 3D10–3237.
2011-10-4
GRUPO RADIO CENTRO S.A.B. DE C.V., etc., Appellant,v.AMERICAN MERCHANT BANKING GROUP, INC. and Spanish Radio Productions, Inc., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami–Dade County, Ronald M. Friedman, Judge.Legon Ponce & Fodiman, and Todd Legon and William F. Rhodes, Miami, for appellant.Richard J. Burton and Peter J. Solnick, Miami, for appellees.Before RAMIREZ, CORTIÑAS, and SALTER, JJ.
PER CURIAM.
Grupo Radio S.A.B. de C.V. appeals the denial of its motion to quash service of process and dismissal of the amended complaint. We reverse and remand because service of process was improper.
American Merchant Banking Group Inc. filed suit in February, 2010, against Grupo Radio and its subsidiary, Grupo Radio L.A., seeking compensation for consulting services American allegedly performed pursuant to an oral contract. American originally served only Grupo Radio L.A., believing that Grupo Radio L.A. served as an agent for Grupo Radio. Since American lacked evidence that Grupo Radio exercised exclusive control over Grupo Radio L.A., American lacked evidence of agency. American therefore attempted service on Grupo Radio in Mexico under the Hague Convention, using a foreign process to issue an alias summons.
However, the summons was deficient under the requirements of the Hague Convention, to which Mexico is a signatory, because it did not state whether Grupo Radio's required response time was calculated in business days or calendar days. This specification is required for proper service under the Hague Convention in Mexico.