Midland Funding, L.L.C. v. Cherrier

Citations

• 2020 Ohio 3280

Syllabus

Service of process motion to vacate motion for relief from judgment void judgment refused unclaimed service by ordinary mail presumption of service commencement of civil action personal jurisdiction insufficiency of process insufficiency of service of process Civ.R. 4.6(D) Civ.R. 3(A) Civ.R. 4(E) Civ.R. 12(B)(2) Civ.R. 12(B)(4) Civ.R. 12(B)(5). Trial court erred in failing to vacate default judgment where the judgment was void since plaintiff never obtained proper service on the defendant. Trial court also erred in denying defendant's motion to dismiss the complaint for lack of personal jurisdiction, insufficiency of process, and insufficiency of service of process under Civ.R. 12(B)(2), 12(B)(4), and 12(B)(5) since the trial court never obtained personal jurisdiction over the defendant due to lack of personal jurisdiction, insufficiency of process, and insufficiency of service of process.