George W. Evans, Plaintiff Below, Appellee v. Jack E. Holt and John Doe, D/b/a Casturo Transportation Service… (West Virginia 1995)

Summary

The court held that Casturo was not served in compliance with the statutory procedures governing service on a nonresident defendant. Service on the individual driver did not constitute service on Casturo, and mailing process to Casturo's insurer without the required affidavit was insufficient. Because the resulting default judgment was void for lack of jurisdiction and Casturo moved for relief within a reasonable time, the court reversed and remanded. No separate opinions were filed.

Holding

Service through the Secretary of State after the process was returned for an insufficient address. When process mailed by the Secretary of State to a nonresident defendant is returned because of an insufficient address, and no other statutory method of service has been completed, the defendant has not been served in compliance with the statute.

Whether Holt was served as Casturo's duly authorized agent. Holt's acceptance of process directed to him as an individual defendant did not constitute service on Casturo through a duly authorized agent.

Whether mailing process to Casturo's insurer was sufficient service. Mailing a copy of the summons and complaint to Casturo's insurer did not constitute valid service because the appellee failed to file the affidavit required by the statute.

Whether the default judgment was void and subject to relief under Rule 60(b)(4). Because Casturo was never served, the default judgment was void for lack of jurisdiction, and the circuit court abused its discretion by refusing to set it aside under Rule 60(b)(4).

George W. Evans, Plaintiff Below, Appellee v. Jack E. Holt and John Doe, D/b/a Casturo Transportation Service…

Summary

Holding

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