Lane v. Main & Assocs., Inc.

Summary

The Alabama Supreme Court affirmed without opinion a summary judgment effectively holding that a wrongful-death action was untimely. In a special concurrence, Justice Shaw discussed whether service by certified mail was effective under Alabama Rule of Civil Procedure 4(i)(2)(C) when the letter was received by an employee of a separate, unaffiliated business rather than by an agent specifically authorized to receive mail for the defendant.

Holdings

1. The Supreme Court of Alabama affirmed the summary judgment for Main and Associates, thereby upholding the determination that the action was untimely.
2. Under Rule 4(i)(2)(C), an agent for certified-mail service is a person or entity specifically authorized by the addressee to receive the addressee's mail and deliver it to the addressee. Surles's isolated, unauthorized receipt of Main and Associates' mail did not satisfy that requirement.

Questions Presented

1. Whether receipt of certified mail by an employee of a separate, unaffiliated business constituted service on Main and Associates under Rule 4(i)(2)(C), Ala. R. Civ. P.
2. Whether Lane presented substantial evidence that Surles was specifically authorized by Main and Associates to receive and deliver its mail.
3. Whether the wrongful-death action was timely filed and served.

Disposition

affirmed