Legal Opinion
Lee Y. Sanderford, Ella v. Yarborough v. Prudential Insurance Company of America, Defendant/third-Party v. Daniel Kikly, Third-Party
Court of Appeals for the Third Circuit
Decided June 5, 1990No. 89-3733PublishedCited by 65 opinions
1Opinion of the Court
ALDISERT, Senior Circuit Judge:
We are called to decide whether the district court erred when it entered a final default judgment against a third-party defendant who was properly served with a timely, albeit defective summons. We hold that it did not. Accordingly, we will affirm the district court in this appeal brought by the third-party defendant, Daniel Kikly.
We are persuaded that when a defective summons is served, the defendant has the right, and indeed the duty, to assert the defense of insufficient process in a motion or responsive pleading. A defendant who waits until collateral attack…
2Cases cited11 opinions
- United Food Workers Union, Locals 197, 373, 428, 588, 775, 839, 870, 1119, 1179 & 1532 v. Alpha Beta Co.Court of Appeals for the Ninth Circuit · 1984
- Dr. D. W. NEWMAN Et Al., Appellees, v. Ferrell PRIOR, AppellantCourt of Appeals for the Fourth Circuit · 1975
- Commercial Casualty Insurance v. Consolidated Stone Co.Supreme Court of the United States · 1929
- Federal Trade Commission v. Compagnie De Saint-Gobain-Pont-A-MoussonCourt of Appeals for the D.C. Circuit · 1980
- Zelson v. ThomfordeCourt of Appeals for the Third Circuit · 1969
6 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic SurgeryCourt of Appeals for the Third Circuit · 1998
- Prewitt Enterprises, Inc. v. Organization of Petroleum Exporting CountriesCourt of Appeals for the Eleventh Circuit · 2003
- Irina Giovanno v. Louis FabecCourt of Appeals for the Eleventh Circuit · 2015
- Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feiger, Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. FeigerCourt of Appeals for the First Circuit · 1992
- Tara Productions, Inc. v. Hollywood Gadgets, Inc.Court of Appeals for the Eleventh Circuit · 2011
60 more not listed; retrieve them via the Exa API.