Brown v. Thaler

[¶ 1] Wallace R. Brown appeals from a judgment of the Superior Court (Cumberland County, Cole, J.) dismissing his complaint for insufficient service of process, and, in part, for failure to state a claim. Brown argues that the court erred in denying him his right to a trial by jury because the defendants in this matter, Jeffrey A. Thaler, Berman & Simmons, P.A., and Bernstein, Shur, Sawyer & Nelson (BSSN), received actual notice of his complaint. Because Brown failed to properly serve process, we affirm the judgment.

[¶ 2] In 1996, Brown retained Thaler, an attorney then practicing with the…