Wyoming Supreme Court
Crb, Appellant (respondent) v. State of Wyoming, Department of Family Services; State of Wyoming, ex Rel., Unborn…
February 25, 19991999 Wyo. LEXIS 23
Summary
The court affirmed the paternity and child-support judgment, holding that service was effective even though CRB refused to open his apartment door and the process server left the papers in his mailbox after notifying him. The court also held that service of the later hearing notice on CRB's attorney was proper because the attorney had appeared for all purposes and had not been permitted to withdraw.
Holding
- Sufficiency of service of process. Service was sufficient because CRB knew the process server was attempting service, deliberately refused to accept the papers, was informed that he was being served, and the papers were left in a location where he was likely to find them.
- Service of the hearing notice on counsel. Service of the order setting the informal hearing on CRB's attorney was proper because the attorney's written appearance represented CRB for all purposes in the proceeding and the attorney had not been allowed to withdraw.
Docket C-98-5
Cited authorities
- U.S. Const. amend. XIV, § 1
- Wyo. Stat. Ann. §§ 14-2-101
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