Gilpin v. Joyce

The dispositive issue in this appeal is whether a defendant who makes a general appearance without having been served with process is entitled to assert the bar against judgment provided by our Rule 3:3.

The parties have stipulated to the facts and proceedings in the trial court. On June 20, 1996, Kimberley M. Gilpin filed a motion for judgment seeking damages from Leslie Mae Dailey and Kevin Charles Joyce for injuries Gilpin alleged she had received in an auto mobile accident on June 23, 1994. Gilpin did not request service of process on either defendant.

On October 30, 1997, Joyce, by…