Orbit Stations, Inc. v. Curtis

OPINION

This is an appeal from an order of the district court refusing to set aside a default judgment entered against Orbit Stations, Inc., pursuant to NRCP 60(c). Orbit Stations contends that the lower court erred in refusing to set aside the default judgment, because Orbit Stations had not been personally served with process. We agree.

Respondents served the summons and complaint upon Paul Davison, who told the process servers that he was the managing agent of Orbit Stations. The crucial issue litigated in the proceedings below was whether Davison was, in fact, a managing agent of Orbit…