Kentucky Supreme Court

Haven Point Enterprises, Inc., Movant v. United Kentucky Bank, Inc., Respondent

May 23, 19851985 Ky. LEXIS 302

Summary

The court affirmed the refusal to vacate a default judgment against Haven Point, holding that service through the Secretary of State under the long-arm statute was valid even though a registered statutory agent was available in Kentucky. Mailing the summons and complaint properly, without receipt of a signed return receipt, was sufficient to confer personal jurisdiction because the statute required attachment of the registry receipt only if one existed. The court also concluded that the trial court did not abuse its discretion in denying CR 60.02 relief.

Holding

  • Availability of service through the Secretary of State when a statutory agent was available. KRS 454.210 and KRS 271A.565 provide alternate, mutually inclusive methods of obtaining personal jurisdiction over a foreign corporation. The availability of a registered statutory agent in Kentucky does not preclude service through the Secretary of State under the long-arm statute.
  • Whether a signed return receipt was required to complete service under KRS 454.210(3)(b). A signed return receipt from the addressee was not necessary to complete service. Proper mailing of the summons and complaint was sufficient, and the statute's requirement that the registry receipt be attached 'if any' showed that receipt of a signed acknowledgment was not essential.
  • Whether the circuit court abused its discretion in denying CR 60.02 relief from the default judgment. The circuit court did not abuse its discretion in refusing to set aside the default judgment because Haven Point had personal jurisdiction, failed to establish improper service or nonreceipt, and did not demonstrate genuine excusable neglect or a meritorious defense.

Cited by

Read full opinionPDF