Altman v. Parker

Citations

• 2022 Ohio 142

Syllabus

SERVICE OF PROCESS — Civ.R. 4.6 — DUE PROCESS — ABUSE OF DISCRETION — REASONABLY CALCULATED: The trial court did not err when it denied defendant's motion to set aside the default judgment based on an alleged failure of service where the plaintiff complied with Civ.R. 4.6(D) and plaintiff presented circumstantial evidence of receipt the trial court did not abuse its discretion when, following an evidentiary hearing on remand, it concluded defendant's evidence was insufficient to rebut the presumption of proper service the trial court did not err when it determined that service of process was made in a manner reasonably calculated to apprise the defendant of the action when plaintiff relied on an address provided by the defendant. [But see DISSENT: Defendant sufficiently rebutted the presumption of proper service where documentary evidence showed that defendant did not live at the address listed in the complaint and that defendant was incarcerated in another state when process was served.]