One Main Fin. Group, L.L.C. v. Knight

Summary

The Ohio Eighth District Court of Appeals held that the Rocky River Municipal Court lacked personal jurisdiction over Alexandria L. Knight because service of the complaint by FedEx did not require a signed receipt and was sent to an address where Knight did not reside. The court concluded that the resulting default judgment was void and that Knight’s failure to object to the magistrate’s decision did not prevent plain-error review. The appellate court reversed the denial of Knight’s motion to vacate and remanded for the trial court to vacate the default judgment.

Holdings

1. Service by FedEx did not comply with Civ.R. 4.1(A)(2) because the delivery did not require a signed receipt and no one at the residence signed a return receipt.
2. The trial court lacked personal jurisdiction over Knight, and the default judgment entered against her was void and had to be vacated.
3. Although Knight forfeited all but plain-error review by failing to object to the magistrate's decision, the court could and did recognize plain error because the defective service was an obvious legal error that deprived her of substantial rights and affected the validity of the judgment.

Questions Presented

1. Whether service of the summons and complaint by commercial carrier without requiring a signed receipt complied with Civ.R. 4.1(A)(2).
2. Whether the trial court acquired personal jurisdiction over Knight when service was sent to an address where she did not reside and she did not appear or otherwise submit to the court's jurisdiction.
3. Whether a default judgment entered without effective service and personal jurisdiction is void and must be vacated.
4. Whether the appellate court could review the jurisdictional defect for plain error despite Knight's failure to object to the magistrate's decision.

Disposition

reversed_and_remanded