Ostendorf v. Darling

Citations

• 2021 Ohio 2781

Syllabus

In this case, the record is clear that appellant properly raised and preserved the affirmative defense of insufficiency of process on multiple occasions. Therefore, despite appellant's participation in the litigation he did not waive the defense of insufficiency of service of process, and appellee's failure to perfect service upon appellant deprived the trial court of jurisdiction over appellant and prevented a valid judgment in favor of appellee. Judgement reversed cause remanded for further proceedings.