Wendy Jones and Lynn Gangemella, Appellants v. Ted Douglas and John Paul Morrison

Summary

The court affirmed the order setting aside the default judgment because the summonses incorrectly gave the out-of-state defendants twenty days rather than thirty days to respond, depriving the circuit court of personal jurisdiction. It reversed the dismissal with prejudice because the plaintiffs made a timely, completed attempt at service that entitled them to invoke the savings statute, even though the validity of service by refusal was not finally decided. The case was remanded for entry of an order consistent with the opinion.