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Keywords

plaintiffdefendantjurisdictionaffidavitmotionsummary judgmentwillmotion to dismissmotion for summary judgment
plaintiffdefendantjurisdictionaffidavitmotionsummary judgmentwillmotion to dismissmotion for summary judgment

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Lopez-Hemandez; U.S. v.

Facts

On May 8, 2020, Plaintiff filed suit for bodily injury stemming from an automobile accident which occurred on February 2, 2019. On September 3, 2020, Defendant Amber Baker filed her Special Answer in which she raised several defenses, including defenses based upon insufficient service of process and lack of personal jurisdiction. On August 8, 2021, Defendant filed her Motion to Dismiss or in the alternative Motion for Summary Judgment. On August 26, 2021, Plaintiff filed an affidavit of service showing service upon Defendant by Antonio Hightower occurred on April 22, 2021. Defendant disputed the service, claiming she was not properly served.

On May 8, 2020, Plaintiff filed suit for bodily injury stemming from an automobile accident which occurred on February 2, 2019. On September 3, 2020, Defendant Amber Baker filed her Special Answer in which she raised several defenses, including defenses based upon insufficient service of process and lack of personal jurisdiction. On August 8, 2021, Defendant filed her Motion to Dismiss or in the alternative Motion for Summary Judgment. On August 26, 2021, Plaintiff filed an affidavit of service showing service upon Defendant by Antonio Hightower occurred on April 22, 2021. Defendant disputed the service, claiming she was not properly served.

Issue

Whether the court had jurisdiction over the defendant due to the alleged improper service of process.

Whether the court had jurisdiction over the defendant due to the alleged improper service of process.

Rule

Absent proper service of process upon a Defendant, the Court is without jurisdiction over that Defendant. A return of service is prima facie evidence of personal service and may only be set aside when the movant presents evidence which is 'the strongest of which the nature of the case will allow.'

Absent proper service of process upon a Defendant, the Court is without jurisdiction over that Defendant. A return of service is prima facie evidence of personal service and may only be set aside when the movant presents evidence which is 'the strongest of which the nature of the case will allow.'

Analysis

The court analyzed the affidavits presented by both parties regarding the service of process. It noted that the plaintiff's affidavit of service was not sufficient to establish proper service, especially in light of the defendant's credible affidavit disputing the service. The court emphasized that the burden was on the plaintiff to overcome the prima facie evidence of service, which they failed to do.

The court analyzed the affidavits presented by both parties regarding the service of process. It noted that the plaintiff's affidavit of service was not sufficient to establish proper service, especially in light of the defendant's credible affidavit disputing the service. The court emphasized that the burden was on the plaintiff to overcome the prima facie evidence of service, which they failed to do.

Conclusion

The court granted the defendant's motion for summary judgment, resulting in the dismissal of the plaintiff's complaint without prejudice.

The court granted the defendant's motion for summary judgment, resulting in the dismissal of the plaintiff's complaint without prejudice.

Who won?

Defendant Amber Baker prevailed in the case because the court found that the plaintiff did not establish proper service of process, which is necessary for the court to have jurisdiction.

Defendant Amber Baker prevailed in the case because the court found that the plaintiff did not establish proper service of process, which is necessary for the court to have jurisdiction.

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