Kent v. Lee

We accepted discretionary review, on the application of C.J. Lee, M.D., of an order denying his motion to dismiss for insufficiency of service of process. Lee was served by publication. The dispositive issue concerns the affidavits supporting an order authorizing such service. We reverse, holding the affidavits insufficient.

Because of surgery he performed in 1982, Lee in 1985 was named defendant, along with three other physicians, in a malpractice action brought by Bernice Kent. Lee, however, had moved to California and set up practice in 1984. Kent's attorney moved for a publication order…