In Re Linda Willhite and Rex Willhite, Plaintiffs v. Paulo Rodriguez-Cera and Juan Torres, Defendan — Coats, J…

Summary

Justice Coats, dissenting, would hold that Colorado's substituted-service rule requires transmittal of process to a defendant known to reside abroad and therefore triggers the Hague Convention. He reasoned that substituted service is only a last-resort alternative to required personal service, not an equivalent substitute that eliminates the need for service in the foreign country. Justice Eid, dissenting separately, joined that position and emphasized the rule's express mailing requirement.