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Click here for the full text of this decision FACTS:Gamaliel Ramirez Jr. and Christina Ramirez appeal from a final summary judgment denying them recovery against Consolidated HGM Corp. Their five issues concern whether the trial court erred in granting HGM’s motions to quash service of process and for summary judgment. Through the former, HGM contended that it was improperly served with citation given that an individual other than the corporation’s registered agent (to whom the certified mail was addressed) signed for and received the process. Through the motion for summary judgment, HGM raised the issue of limitations; it contended that since the Ramirezes failed to exercise due diligence in perfecting service after the suit was filed they were barred from recovering. HOLDING:Affirmed. The record illustrates that service was attempted by certified mail, return receipt requested. Furthermore, the addressee of the certified mail was “Consolidated HGM Corporation serving its registered agent Dana T. White . . . .” However, the return illustrates that a “Jack Danley” signed for the mailing. According to the record, Jack Danley and Dana White were two different individuals. So, given that the actual addressee did not sign the return receipt, the trial court had before it ample evidence upon which to conclude that service was defective and, therefore, quash it. The Ramirezes argue that any questions about the propriety of service were rendered moot. This is purportedly so because HGM filed an answer after the trial court stated that it was “going to grant the motion to quash” but before the order actually granting the motion was signed. The court finds the contention meritless. As to the matter of diligence, the Ramirezes sought to justify the absence of citation by uttering several excuses. The first involved their contention that service was attempted and Danley received the citation via certified mail within six days of filing suit. Next, they asserted that “[c]ontact was made with the District Clerk’s office to confirm service upon the Defendants in September, 1995, and the district clerk advised that all . . . had been served with citation.” Also mentioned was that “[c]counsel for the plaintiffs knew . . . Danley was involved in the operation of . . . HGM . . .”; though when they so knew went unmentioned. The excuses proffered by the Ramirezes and their counsel to justify their failure to serve HGM with citation are unreasonable, as a matter of law. Furthermore, those excuses also evince a want of diligence, as a matter of law. A reasonable litigant does not wait months or years to investigate circumstances that may negate his recovery when the law demands diligence. OPINION:Quinn, J.; Quinn, Reavis and Campbell, JJ.

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