Legal Opinion
Goetz v. Synthesys Technologies, Inc.
Court of Appeals for the Fifth Circuit
Decided July 1, 2005No. 04-50971PublishedCited by 16 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
In this appeal, we confront the res nova issue in this circuit regarding the application of New York’s method of substituted service known as “nail-and-mail,” N.Y.C.P.L.R. § 308(4). The district court, finding that service was proper because the statute was properly applied and service did not violate due process, rejected defendant Enrique Gittes’s motion under Federal Rule of Civil Procedure 60(b)(4) to set aside a default judgment. We reverse and remand, concluding that the district court erred in finding that the' due diligence requirement of the statute was…
2Cases cited20 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Carter v. FennerCourt of Appeals for the Fifth Circuit · 1998
- Recreational Properties, Inc., D/B/A Leisure Lakes Resort v. Southwest Mortgage Service Corporation and W.W. (Doc) TaylorCourt of Appeals for the Fifth Circuit · 1986
- Lifemark Hospitals, Inc. v. Liljeberg Enterprises, Inc. (In Re Liljeberg Enterprises, Inc.)Court of Appeals for the Fifth Circuit · 2002
- Barnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jenkens & Gilchrist v. Groia & Co.Court of Appeals for the Fifth Circuit · 2008
- Josh Norris v. Garry CauseyCourt of Appeals for the Fifth Circuit · 2017
- Allsopp v. Bolding, 1100432 (Ala. 9-30-2011)Supreme Court of Alabama · 2011
- Dextel Terrebonne v. K-Sea Transportation Corp., K-Sea Operating Partnership Lp, as Successor in Interest to K-Sea Transportation Corp.Court of Appeals for the Fifth Circuit · 2007
- Vanderbilt Mtge and Fin, Inc. v. Cesar Flores, etCourt of Appeals for the Fifth Circuit · 2012
11 more not listed; retrieve them via the Exa API.