King v. Insurance Co. of North America

OTT, Chief Judge.

Default final judgment was entered against appellee D.L. Small Corporation in favor of appellee Insurance Company of North America. Default judgment in garnishment based on that final judgment was entered against appellant. Appellant attacks service of process in both instances; we reverse the judgment in garnishment only.

The sheriff’s return of service indicates that the writ of garnishment was individually served on appellant. The deputy effecting service did not testify at the hearing on appellant’s motion for relief from judgment. The correctness of the service was not…