Witzke v. Gonzales

MARING, Justice.

[¶ 1] John Witzke appealed from a district court order dismissing with prejudice his complaint against Ania Diaz Gonzales. We conclude the district court lacked personal jurisdiction based upon Witzke’s improper service on Gonzales. We modify the dismissal of the action to dismiss without prejudice and affirm the order as modified.

I

[¶ 2] Witzke’s present action stems from contentious encounters with his neighbor, Gonzales. This Court previously summarily affirmed Witzke’s direct appeal from a criminal conviction for attempted criminal mischief when he entered Gonzales’s yard…