Maguire Construction, Inc. v. Forster

Majority: CLIFFORD, DANA, ALEXANDER, CALKINS, and SILVER, JJ.

Dissent: SAUFLEY, C.J., and LEVY, J.

DANA, J.

[¶ 1] Denis and Linda Forster appeal from a judgment entered in the Superior Court (York County, Fritzsche, J.) denying their motion to dismiss Maguire Construction, Inc.’s original complaint for insufficient service of process and to dismiss the mechanic’s lien count of Maguire’s amended complaint as untimely. Maguire never served the Forsters with the original complaint. Although Maguire did serve the amended complaint, the Forsters brought their motion to dismiss, and this appeal, in an…