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Civil Practice: Service Of Process-Personal Jurisdiction
Staff Report//September 15, 2023
Where relator argued that the trial court lacked personal jurisdiction because he was not properly served when a deputy left a copy of the summons with the human resources department at his workplace, the return of service was deficient on its face, and there was insufficient evidence to support a finding that the unidentified person in the human resources department had authority to accept service on behalf of the relator, so the writ of prohibition is made permanent.
Preliminary writ made permanent.
State ex rel. Sedrick Phillip-Smith v. Stelzer (MLW No. 80495/Case No. ED111912 – 6 pages) (Missouri Court of Appeals, Eastern District, Torbitzky, J.) Appealed from circuit court, St. Louis City, Stelzer, J. (Bradley R. Hansmann for relator) (Shaun M. Falvey for respondent).
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