Winning Moves, Inc. v. Hi! Baby, Inc.

The appellants, Winning Moves, Inc. (Winning Moves), and Vicki Nichols (Nichols), are appealing from a ruling which vacated the service of process on an agent of Hi! Baby, Inc., and which found Nichols in contempt of court. The issues on appeal are (1) whether there was clear and convincing evidence that proper service was not made by Nichols; (2) whether the court improperly considered ex parte testimony in determining whether service was made; and (3) whether Nichols was denied due process in the proceedings which led to her direct criminal contempt conviction.

On July 3, 1991, Winning Moves…