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U.S. Court of Appeals for the Eleventh Circuit, 1991

Charles White and Rosana Santini v. Pepsico, Inc., a Delaware Corporation, Aluminum Company of America, Etc.

Charles White and Rosana Santini v. Pepsico, Inc., a Delaware Corporation, Aluminum Company of America, Etc.
U.S. Court of Appeals for the Eleventh Circuit · Decided February 19, 1991 · No. 88-5135 · Kravitch, Hatchett, Markey
923 F.2d 1473; 1991 U.S. App. LEXIS 2564; 1991 WL 10144 (Federal Reporter, Second Series)

Counsel

Christian B. Felden, Naples, Fla., Ronald S. Lederman, Sullivan, Ward Bone, Tyler, Fiott & Asher, P.C., Southfield, Mich., for plaintiffs-appellants., David I. Weiss, Myron Shapiro, Herzfeld & Rubin, Miami, Fla., for defendant-appel-lee.

Charles White and Rosana Santini v. Pepsico, Inc., a Delaware Corporation, Aluminum Company of America, Etc.

Cases that cite this one

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Opinion

PER CURIAM:

Following oral argument, we determined that this case involved a question of Florida law which was determinative of the cause but unanswered by controlling precedent of the Supreme Court of Florida. Therefore, we certified the question which follows for resolution by the highest court of Florida:

WHETHER, IN ACTIONS THAT ACCRUED BEFORE 1984, SERVICE ON A REGISTERED AGENT PURSUANT TO FLA.STAT.ANN. §§ 48.081(3) AND 48.-091(1) [1983] CONFERRED UPON A COURT PERSONAL JURISDICTION OVER A FOREIGN CORPORATION WITHOUT A SHOWING THAT A CONNECTION EXISTED BETWEEN THE CAUSE OF ACTION AND THE CORPORATION’S ACTIVITIES IN FLORIDA.

The Supreme Court of Florida has answered the certified question in the affirmative, in its opinion: White v. Pepsico, Inc., 568 So.2d 886 (Fla. 1990). Since no other substantial questions remain for this court to determine, based upon the answer to the certified question, we reverse the district court.

Accordingly, the district court is reversed and this case is remanded for further proceedings.

REVERSED and REMANDED.

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