Linda Olsrud, Plaintiff and Appellant v. Bismarck-Mandan Orchestral Association, Aka Bismarck-Mandan Symphony… (North Dakota 2007)

Summary

The court held that service of the summons and complaint on the Association was invalid because the plaintiff relied on a rule governing subsequent pleadings rather than the rule governing original process and did not serve an authorized corporate representative. The court also rejected the plaintiff's waiver and estoppel arguments as unsupported. It affirmed dismissal but modified the judgment to make the dismissal without prejudice.

Holding

Applicability of the rule governing service of pleadings and other papers. The rule governing service of pleadings and other papers does not authorize service of an original summons and complaint or establish personal jurisdiction over a defendant. Original process must be served under the rule governing personal service.

Validity of service on the Association. Service was improper because the Association's attorney was not shown to be authorized to accept service, the board president was not personally served, the receptionists were not shown to be authorized corporate representatives, and the record did not establish another circumstance permitting service through a receptionist.

Waiver and estoppel based on the Association's conduct. The Association did not waive or become estopped from asserting insufficient service of process because Olsrud provided no supporting legal authority or developed argument for those theories.

Linda Olsrud, Plaintiff and Appellant v. Bismarck-Mandan Orchestral Association, Aka Bismarck-Mandan Symphony…

Summary

Holding

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