"Here, even if the smudge in the signature line could be considered a 'signature' by an individual, no evidence in the record exists to show where the certified mail was actually delivered, because the return receipt does not contain a specific address as required by Civ. R. 4.1(A)(1)," the court said. "In this case, the illegible smudges on the signature line and on the address line in the certified mail return receipt, along with the uncontested affidavits from REST’s officer, employee, and agent averring that REST did not receive the summons and complaint are sufficient to establish that service on REST was not proper."
November 13, 2023 at 05:00 PM
5 minute read
The original version of this story was published on Law.com
An Ohio court reversed the granting of a default judgment to a firm after concluding that the defendants didn’t receive the summons and complaint due to mailing complications.
In a Nov. 3 opinion, Judge Robert C. Winkler of the Court of Appeals for the First Appellate District of Ohio reversed and remanded the entry of a default judgment to Sanders & Associates, determining that mailing errors caused the initial summons and complaint sent to the defendants to be improperly served.
Presented by BigVoodoo
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
The premier educational and networking event for employee benefits brokers and agents.
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...
Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...
Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS
