Mueller v. Zelmer

WUEST, Justice.

Mel Zelmer (“Zelmer”) and Zelmer, Inc. appeal from an order denying their motion to vacate a default judgment. We affirm.

FACTS

Donita Bolks (“Bolks”) is a resident of Minnehaha County who serves papers for lawyers. Johnson, Heidepriem, Miner and Marlow, on behalf of Kent and Lynette Mueller (“Mueller”), had her serve a summons and complaint upon Zelmer and Zelmer, Inc., a South Dakota corporation.

Bolks went to Zelmer’s home in Lincoln County. She presented him with the two summons and complaints. Zelmer signed two documents which were captioned “Admission of Service,” as follows: