Brennan v. Hurt

(dissenting)—The majority has determined that the dispositive inquiry in this case is not whether a sufficient affidavit has been filed in support of publication of service but whether, under a postjudgment (CR 60(b)) analysis of the search underlying the affidavit, the judgment rendered is void. I disagree.

The majority holds that Brennan's affidavit in support of publication was insufficient to warrant publication, and I agree. They do not, however, find that infirmity fatal to service or to jurisdiction, because they have based their analysis of the validity of the judgment on a review of…