Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the affidavit which did not list defendant’s mailing address, and was known to the plaintiff, was legally defective
• holding process server’s failure to question the defendant’s neighbors evidenced a lack of diligence in conducting the search and service by publication was improper
• finding that two unsuccessful service attempts were not sufficient to allow for service by publication where the plaintiff failed to ascertain the defendant’s whereabouts by talking to her neighbors, or trying to contact her by phone or by mail
• finding that two unsuccessful service attempts were not sufficient to allow for service by publication where the plaintiff failed to ascertain the defendant’s whereabouts 5 This case is an example whereby a foreclosure is void as a matter of law for two reasons: (1
• \It is a fundamental principle of law that a plaintiff must strictly comply with a service of process by publication statute. An order of publication based on a sworn statement which does not comply with the statute fails to confer jurisdiction.\ [c.o.]
• “It is a fundamental principle of law that a plaintiff must strictly comply with a service of process by publication statute. An order of publication based on a sworn statement which does not comply with the statute fails to confer jurisdiction.” [c.o.]

Source: CourtListener parenthetical corpus (CC0).