Edwards v. Edwards

Plaintiff appeals a judgment dismissing her action due to failure to serve defendant properly. We reverse.

In July, 1985, plaintiff, acting pro se, filed an action seeking the partition of military retirement benefits which had been omitted from the decree and property settlement agreement when she and defendant were divorced in 1978. Plaintiff attempted to serve defendant by mail and by office service on defendant’s “attorney-in-fact.” Defendant moved to dismiss, asserting as one ground insufficiency of service. ORCP 21. Plaintiff obtained counsel, who filed a memorandum in opposition and…