Fillingame v. McCoy

CRIST, Presiding Judge.

Appeal from a denial of Ehlers’ motion to set aside a default judgment. We affirm.

Ehlers claims defective service deprived the trial court of jurisdiction to proceed. Ehlers acknowledges personal service; but claims the summons was not valid because served more than 30 days after its issuance. Rule 54.21.

The summons was first issued on February 3,1978. It could not be served because it was improperly addressed. On March 1, 1978, the trial court granted plaintiffs’ motion for a ninety-day extension of time for service pursuant to Rule 54.21. The address was corrected and…