Reverses TC denial of appellees’ motion to set aside DJ on basis of inadequate service of process

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Phillip Goodson and intervenor, State Farm Mutual Automobile Insurance Company (“State Farm”), appeal the trial court’s denial of his motion to set aside a default judgment granted to Barbara and David Carlson.  The issue in this case is whether the service of process on Goodson was adequate.
Conclusion (slip op. at 9):  Given the evidence, we cannot say that the Carlsons exercised due diligence in attempting to locate Goodson where the Carlsons utilized only one method to determine Goodson’s address; failed to file an alias summons after being granted leave to do so; and did not attempt further notice until nearly two years after commencement of their case. Accordingly, the trial court never obtained personal jurisdiction over Goodson, and the default judgment therefore is void. We reverse and remand with instruction for the trial court to grant Goodson’s motion to set aside the default judgment.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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