Leslie Equipment Co. v. Wood Resources Co., 224 W. Va. 530

Summary

The Supreme Court of Appeals of West Virginia held that constructive service under West Virginia Rule of Civil Procedure 4(e)(2) did not, by itself, confer personal jurisdiction over nonresident defendants. Because the plaintiff did not use the statutory long-arm procedure under West Virginia Code § 56-3-33, the default judgment was void and unenforceable for lack of in personam jurisdiction. The court reversed the circuit court's refusal to set aside the judgment under Rule 60(b)(4).

Holdings

1. Constructive service of process under West Virginia Rule of Civil Procedure 4(e)(2) does not, by itself, confer personal jurisdiction over nonresident defendants for purposes of entering an in personam monetary judgment. Personal jurisdiction arose by operation of law only through compliance with the statutory method in West Virginia Code § 56-3-33, which the plaintiff did not use.
2. The default judgment was void and unenforceable for lack of personal jurisdiction, and the defendants timely moved to vacate it within a reasonable period after learning of the judgment.

Questions Presented

1. Whether constructive service by certified mail under West Virginia Rule of Civil Procedure 4(e)(2), without service through the Secretary of State under West Virginia Code § 56-3-33, conferred personal jurisdiction over nonresident defendants in an action seeking a personal monetary judgment.
2. Whether the default judgment was void and subject to being set aside under West Virginia Rule of Civil Procedure 60(b)(4).

Disposition

reversed