Supreme Court of Colorado

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

April 23, 2012274 P.3d 1233

Summary

Justice Eid, dissenting, would hold that Colorado's substituted-service rule requires mailing process to a defendant whose address is known, and that service is not complete until both mailing and delivery to the substitute recipient occur. Because the defendant was abroad and the rule requires transmittal of documents abroad, she would conclude that the Hague Service Convention applies. Justice Coats, dissenting, joined this reasoning and would likewise require compliance with the Convention.