Montana Supreme Court

Mickey D. Fonk, Petitioner and Appellant v. Mavanee J. Ulsher, Respondent and Respondent, and J.c.f. and S.j.f…

September 28, 1993260 Mont. 379

Summary

The court held that leaving dissolution papers with the respondent's mother at his residence did not constitute valid personal service under the mandatory service rules, even though the mother testified that he later saw or received the papers. Because the respondent neither personally received service nor voluntarily appeared, the dissolution decree entered by default was void, and the service ruling was reversed and remanded.

Holding

  • Validity of service of process in the dissolution proceeding. Service was invalid because the summons and petition were not delivered personally to the respondent, and the respondent's mother was neither authorized to effect service nor appointed to accept service for him. The mother's testimony that the respondent later saw or received the papers could not substitute for compliance with the required service procedures.

Docket 93-140

Cited authorities

  • Rule 54(b)

Cited by