Browning v. Dixon

OPINION

The principal issue raised in this appeal is whether a plaintiff must use due diligence to locate a defendant before resorting to the substitute service provisions of NRS 14.070(2). We conclude that procedural due process requires such diligence, and we reverse the district court’s order denying appellant Dale Browning’s motion to set aside the default judgment entered against him.

FACTS

Browning and respondent Melvin Dixon were involved in an automobile accident on January 20, 1995. Browning and Dixon exchanged information about their names, addresses, telephone numbers, and insurers.…