CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 11740, 2010 WL 3155010
...Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, L.L.P., West Palm Beach, for Charlene Moore, as Guardian of S.K., a minor. FISHMAN, JANE D., Associate Judge. Defendant-Appellant Vrchota Corporation appeals a non-final order denying its Motion to Dismiss or Transfer Venue [1] . We affirm, based upon section 607.1520, Florida Statutes....
...on Kevin Piller as registered agent on June 19, 2009. Defendant averred in its affidavit that Vrchota Corporation "withdrew" from doing business in the State of Florida and revoked its' registered agent's authority to accept service, all pursuant to section 607.1520, Florida Statutes, on June 8, 2009, several days prior to the commencement of this litigation....
...on for service of process. The only dispute is whether, as a matter of law, the registered agent's authority had been revoked at the time of service because the defendant foreign corporation had "withdrawn" from doing business in Florida pursuant to section 607.1520, Florida Statutes....
...We hold that the registered agent's authority was not revoked prior to the date of service upon him, because no evidence was adduced below that a certificate of withdrawal had issued permitting Defendant Vrchota Corporation to withdraw from transacting business in the state of Florida at that time. Section 607.1520(1) provides that a foreign corporation authorized to transact business in Florida, such as Defendant Vrchota Corporation here, "may not withdraw from this state until it obtains a certificate of withdrawal from the Department of State." Section 607.1520(2) permits a foreign corporation to "apply for a certificate of withdrawal by delivering an application to the Department of State ......
...it revokes the authority of its registered agent to accept service on its behalf and appoints the Department of State as its agent for service of process based on a cause arising during the time it was authorized to transact business in this state." § 607.1520(2)(c)....
...Here it is clear that the legislature intended that no foreign corporation be permitted to withdraw from doing business in the state until the Department of State issues a certificate of withdrawal. That being the case, until such time as a certificate of withdrawal properly issues pursuant to section 607.1520, Florida Statutes, the foreign corporation remains subject to process through its registered agent and venue may properly lie in the county where the corporation has its registered agent....
