4 N.E.3d 1200
Ind. Ct. App.2014Background
- On June 20, 2010 Mary Anderson slipped and fell on property owned by Wayne Post 64, American Legion; she sued on June 15, 2012.
- The registered agent at the time was Robert Eakins at 601 S. Holt Rd.; Anderson requested sheriff service.
- Deputy left the summons and complaint "attached to the door" of a small outbuilding on the property and also mailed copies by first-class mail to that address; the Legion never appeared and a default judgment for $500,000 was entered.
- The Legion moved under Trial Rule 60(B)(6) to set aside the default judgment as void for lack of personal jurisdiction, submitting affidavits that no one at the post received the papers and that the main building (with mailbox and parking) was distinct from the outbuilding where papers were left.
- The trial court set aside the default judgment, concluding the method of service was not reasonably calculated to notify the Legion and that Rule 4.1 methods (personal service or certified/registered mail) would have been better.
- The Court of Appeals affirmed, holding service at the outbuilding plus first-class mail was legally inadequate and the default judgment was void for lack of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service of process was adequate to confer personal jurisdiction | Anderson: leaving papers at the outbuilding and mailing copies by first-class mail to the registered-agent address was reasonably calculated to give notice | Legion: papers were left at an outbuilding (not main office), no receipt or personal service, and first-class mail is insufficient under Rule 4.1(A)(1) | Service was inadequate as a matter of law; court lacked personal jurisdiction and default judgment was void |
Key Cases Cited
- Morrison v. Prof’l Billing Servs., Inc., 559 N.E.2d 366 (Ind. Ct. App. 1990) (service method must be best calculated under the circumstances to inform defendant)
- Kelly v. Bennett, 732 N.E.2d 859 (Ind. Ct. App. 2000) (leaving summons at business address plus regular mail was insufficient; Rule 4.1 prescribed personal service or certified/registered mail)
- LaPalme v. Romero, 621 N.E.2d 1102 (Ind. 1993) (trial court cannot assert personal jurisdiction where summons not served as required by Trial Rule 4.1)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (Due Process requires notice reasonably calculated to apprise interested parties)