Opinion
No. 81-1382.
June 15, 1982.
Appeal from the Circuit Court, Dade County, Dick C.P. Lantz, J.
Taylor, Brion, Buker Greene and Arnaldo Velez, Miami, for appellant.
Frank M. Marks, Miami, Frank, Strelkow Gay and Carl Schmitt, North Bay Village, for appellees.
Before HENDRY and DANIEL S. PEARSON, JJ., and WOODROW M. MELVIN (Ret.), Associate Judge.
We reverse the order under review; vacate the default and judgment and order taxing costs entered against Vias Del Austro Compania 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 Compania 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.