Carmon v. Rose

MEIERHENRY, Justice.

[¶ 1.] In this case we are asked to decide whether substitute service of process was valid. Gregory Carmon filed suit against Brian Rose in Minnehaha County, South Dakota, alleging conspiracy to defraud. Carmon’s suit claimed that Rose and several other defendants defrauded him in an oil and gas investment scheme. The summons and complaint were served by substitute service under SDCL 15-6-4(e) on Rose’s wife at 2504 Little Hills Lane, Louisville, Kentucky, on December 3, 2009. When no responsive pleadings were filed, Carmon moved for a default judgment, which was granted.…