Malea D. Merchant
v.
Garrett Lee Wilson
Appellant
Malea D. Merchant
Appellee
Garrett Lee Wilson
Attorney for the Appellant
Jeffrey L. Clark
Attorney for the Appellee
Joshua R. Strief
Court of Appeals
Court of Appeals Opinion
Opinion Number:
20-1465
Date Published:
Feb 16, 2022
Summary
Appeal from the Iowa District Court for Benton County, Chad A. Kepros, Judge. AFFIRMED. Considered by May, P.J., Ahlers, J., and Mullins, S.J. Opinion by Ahlers, J. (7 pages)
Malea Merchant appeals the grant of summary judgment in favor of Garrett Wilson on the basis of defective service of original notice. OPINION HOLDS: We find no genuine issue of material fact that the manner of service of original notice on Wilson was defective. Serving Wilson’s mother at her residence at a time when Wilson did not live there is not effective substitute service.