Nelson v. Baptist Memorial Hospital-North Mississippi, Inc.

ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court:

¶ 1. In this certiorari case, we are asked to determine whether the defendant clinic and doctors were properly served when the plaintiffs’ process server left process with the defendants’ office manager. The Court of Appeals declined to consider this issue even though it was raised in both direct appeals of this case. Following the Court of Appeals’ opinion in the second appeal, both parties petitioned for certiora-ri based on the Court of Appeals’ refusal to consider the service-of-proeess issue “that was not presented to the circuit court.”…