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Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. deposition on behalf of defendant corporations

On January 3, 2018, in Queiroz v. Bentley Bay Retail, No. 3D17-1604, the Florida Third DCA reversed a trial court’s order denying Brazilian defendants’ motion to quash the service of process made upon them individually while they attended court ordered depositions in Florida in in their capacities as corporate officers of the corporate defendant. Quoting from Murphy & Jordan, Inc. v. Ins. Co. of N. Am., 278 So. 2d 296, 297 (Fla. 3d DCA 1973), the Third DCA stated that “[i]t is well established . . . that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while attending court and for a reasonable time before and after going to court and in returning to their homes.”

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