01-3134 BEAM RADIO V. CIELOS

State: Florida

Court: Florida Third District Court

Docket No: 01-3134 BEAM RADIO V. CIELOS

Case Date: 12/11/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 BEAM RADIO, INC., Appellant, vs. CIELOS de PERU, S.A., a foreign corporation, and MIAMI INTERNATIONAL FORWARDERS, a Florida corporation, ** ** ** CASE NO. 3D01-3134 ** LOWER TRIBUNAL CASE NO. 00-10246 **

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Opinion filed December 11, 2002. An appeal from the Circuit Court of Dade County, Celeste Hardee Muir, Judge. Hillencamp & Alvarez and Alex Alvarez, for appellant. Human Kaplan Ganguzza Spector & Mars and Nathalie Goulet and Andrew R. Spector; Aylin Fraxedas, for appellees.

Before JORGENSON, FLETCHER, and RAMIREZ, JJ.

FLETCHER, Judge. Beam Radio, Inc. [Beam] seeks to reverse a final summary judgment. We affirm.

Beam manufactures communications parts; Miami International Forwarders [MIF] is a freight forwarding company; and Cielos de

Peru, S.A. [Cielos] is a Peruvian cargo airline.

Beam hired MIF

to ship communications equipment to one of Beam's customers in Peru. MIF picked up the goods, arranged with Cielos to

transport the goods by air to Lima and issued its house air way bill. Cielos shipped the goods via a related airline, Export When Beam's goods arrived in Lima, Peruvian

Air de Peru.

customs immediately seized them because Cielos violated Peruvian law by failing to disclose and declare the goods on the flight manifest. Beam sued MIF and Cielos for the value of the seized goods, ($44,000

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