Mugavero v. Kenzler

Defendant, Dennis Kenzler, appeals from a default judgment entered in favor of plaintiffs, Peter Mugavero and Marlene Mugavero. He argues that he was not properly served with process and that, as a result, the judgment is void for lack of personal jurisdiction. We vacate the judgment and remand the cause.

In their complaint, plaintiffs alleged that defendant negligently caused an automobile accident in which plaintiffs were injured. Each plaintiff sought $5,000 in damages. Apparently, a summons, a first alias summons, and a second alias summons were returned unserved. Daniel E. Kinnerk, a…