Supreme Court of Rhode Island
Hope E. Shannon vs. Norman Block, Inc.
July 31, 1969106 R.I. 124
Summary
The court held that the corporation's default judgment was void because service was not made on a person authorized under the applicable service rule. The record did not establish that the recipient was an officer, employee, or authorized agent of the corporation, and an annual report showing that she had formerly been a director was insufficient. Because the judgment was void, the corporation was entitled to relief without showing a meritorious defense.
Holding
- Validity of service on the corporation. Service was invalid because the record did not establish that Friedman was an officer, an employee at a corporate office, or an agent authorized by appointment or law to receive service when process was delivered to her.
- Effect of defective service on the default judgment. Because service of process was defective, the default judgment was void and constituted a nullity.
- Requirement of a meritorious defense. A party moving to vacate a void judgment need not show a prima facie meritorious defense.
Docket 604-Appeal
Cited authorities
- rule 4(d)(3)
- rule 4(d)
- rule 60
- Rule 60(b)(4)
- rule 4(d)(3)
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