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Tag Archives: Service of Process

Civil Practice – Service of Process – Virginia Server – Affidavit – Domestic Relations – Paternity & Child Support

New Hanover County Child Support Enforcement ex rel. Beatty v. Greenfield Where the process server’s affidavit showed that he was authorized to serve process in Virginia and that he left copies of the summons and complaint with defendant himself, service of process was sufficient.

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Tort/Negligence – Contribution & Indemnity – Accepted Work Doctrine — Civil Practice – Service of Process

New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC Where this court has found that the plaintiff-debtor sufficiently pled claims for professional negligence and common-law negligence against defendant National Erectors Rebar, Inc., the debtor’s claims subject National to potential tort liability. Therefore, based upon the debtor’s allegations, National may allege claims for contribution and implied-in-law indemnity against other subcontractors. The court denies the crossclaim defendants’ and third-party defendant’s (movants’) motions to dismiss National’s crossclaims and third-party complaint.

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Civil Practice – Service of Process – FedEx – Presumption of Proper Service – Receptionist’s Signature

Dougherty Equipment Co. v. M.C. Precast Concrete, Inc. Plaintiff served process on the defendant-corporation by using Federal Express to overnight the summons and complaint to the address of defendant's registered agent. Even though the receptionist - and not the registered agent himself - signed the FedEx receipt, plaintiff was entitled to a rebuttable presumption that the receptionist was an agent of the addressee, authorized to accept service on the addressee's behalf.

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Civil Practice – Res Judicata – Florida Default Judgment – Personal Jurisdiction – Service of Process – Inadequate

B. Kelley Enterprises, Inc. v. Vitacost.com, Inc. In an earlier Florida lawsuit, the lessee should have followed Florida law and asked the Forsyth County sheriff to serve process on the lessor. Since the lessee instead had a private individual serve process on the lessor, the Florida default judgment against the lessor does not bar the lessor's present case against the lessee.

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Domestic Relations – Civil Practice – Service of Process – Foreign Country – Summons – UCCJEA – The Hague Convention – Personal Jurisdiction – Subject-Matter Jurisdiction

Hammond v. Hammond. Where the plaintiff-husband translated the summons into Japanese and forwarded a service request to the central authority of Japan within a reasonable time, he made a good-faith . . .

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