Naviera Blancamar, S.A. v. Boucher
Naviera Blancamar, S.A. v. Boucher
Opinion of the Court
Naviera Blancamar, S.A., defendant below, appeals an order denying its motion to dismiss for insufficient service of process. We reverse.
Naviera Blancamar is a foreign corporation which owns the vessel “M/V Corain 2.” It is chartered and operated by a foreign shipping line, defendant Lineas Agro-mar, S.A. The charterer/operator is represented in Miami by Delmar Steamship Agency, Inc.
Plaintiffs brought suit against Naviera Blancamar and Lineas Agromar. They served Naviera Blancamar, the foreign owner, by serving Delmar, the local agent for the charterer/operator, Lineas Agro-mar. Naviera Blancamar moved to dismiss, supported by an affidavit of Delmar stating that Delmar has no relationship with Naviera Blancamar. Plaintiffs did not submit opposing affidavits, but countered
Plaintiffs also contend that they were unable to contravene defendant’s affidavit because of discovery objections by defendant. That issue is not before us and should be addressed by the trial court in the first instance.
The order denying the motion to dismiss for insufficiency of service of process is reversed and the cause is remanded for further proceedings. .
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