Legal Opinion · Dissent

Flagstar Bank, FSB v. Danos

Mississippi Supreme Court

Decided August 19, 2010No. 2007-CT-00418-SCTPublished

1DissentDickinson, Justice

¶ 49. The plurality of justices’ analysis of the service-of-process issue (“Plurality”) incorrectly finds service of process on Flagstar was proper. Importantly, the Plurality makes no finding that the mail clerk, Pena, was authorized to accept process for Flagstar. But because “Robert K. Fleming — the operations coordinator for Flagstar’s legal department — admitted to having received the process” from some source, the Plurality finds it was perfected.

¶ 50. This is contrary to this Court’s decision in Hyde Construction Co. v. Elton *312Murphy-Waiter Travis, Inc.,12 wherein process was served on…

2Cases cited1 opinion

  1. Hyde Construction Co. v. Elton Murphy-Walter Travis, Inc.Mississippi Supreme Court · 1956

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