King v. Water's Edge Condominium Unit Owners' Assn.
Citations
- 2021 Ohio 1717
Syllabus
Service motion to vacate default judgment personal jurisdiction void judgment statutory agent Civ.R. 60(B). - Trial court abused its discretion in concluding that plaintiff had perfected service on defendant where neither the defendant's principal place of business nor its statutory agent were located where service was made, and although plaintiff served the defendant at the listed address for its statutory agent, the plaintiff was on notice that service was not effective. Because service was not perfected, the trial court had no personal jurisdiction over the defendant, the default judgment against the defendant was void, and the trial court abused its discretion in denying the defendant's motion to vacate the judgment. Whether the defendant complied with Civ.R. 60(B) was immaterial because the Civ.R. 60(B) requirements are not applicable when a party asserts that the trial court lacked personal jurisdiction because service was ineffective.
Judges: Keough
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.