Radiation Inc. v. Magnetic Systems Corp.

ANDREWS, Judge.

This is an interlocutory appeal by the defendant, Radiation Incorporated, from an order denying its motion to dismiss the complaint of the plaintiff Magnetic Systems Corporation for a declaratory judgment.

*742The plaintiff filed its complaint in Pinel-las County, and on the same day service was made by the sheriff on the secretary of the defendant. The defendant’s motion to dismiss was based on the fact that the President of Radiation Incorporated was absent from Brevard County the entire day on which service was effectuated, and that the Senior Vice-President was at the principal…