Mitchell v. Tatum

A $4500 default judgment was entered against defendant, Mildred Tatum (Tatum) for personal injuries and property damage stemming from an automobile collision with plaintiff, cross-appellant, John P. Mitchell, Jr. (Mitchell). Tatum appeals from the trial court’s denial of her motion to quash service of process. Mitchell appeals from the trial court’s denial of his garnishment of the proceeds of Tatum’s insurance policy. The consolidated appeals raise the following issues for our review: (1) whether Tatum rebutted the presumption of proper service of process by clear and convincing evidence;…