Grand Real Estate Management, LLC. V. Grand Victorian Hotel Condominium Assn
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STATE Of MAINE YORK, SS SUPERIOR COURT CIVil., ACTION DOCKET NO_ CV-14-192 JVN-1'01\-Vd--[))-15 GRAND REAL ESTATE MANAGJ:lv1El\TT, LLC, Plaintiff, ORDER GRMD VICTORIA''-/ HOTEL CONDOMINIUM ASSOCL>\TION, Defendant Before the court is Defendant Grand Victorian Hotel Condominium Association's motion to dismiss under MR. Civ. p_ !2(b)(5) for improper service of process Plaintiff Grand Real Estate Management, LLC served process on Karen Belton, who is an employee at the offices of Hirshon Law Group, PC, located at 208 Fore Street in Portland, Maine Attorney David :\1 Hirshon is the principal ofHirshon Law Group and attorney for the Defendant. According to corporate records maintained by the \1ainc Secretary of State, the Defendant lists Attorney H:trshon as registered agent with an address of''HIRSHOl'< LAW GROLl', PC 208 FORE ST." Sef'.ice of process may be accomplished upon a domestic private corporation· [BJy delivering a copy of the summons and of the complaint to any officer, director or general agent; or, if no such officer or agent be found, to any person in the actual employment of the corporation, or, if no such person be found, then pursuant to subdivis10n (g) of this Rule, provided that the plaintiffs attorney shall also send a copy of the summons and of the complaint to the corporation by registered or certified mail, addressed to the corporation's principal office as reported on its latest annual return, or (b) by delivering a copy of the summons and of the complaint to any agent or attorney in fact authorized by appointment or by statute to receive or accept service on behalf of the corporation, provided that any further notice required by the statute shall also be given_ Me_ R. Civ P 4(d)(8)(a)-(b). Defendant contends that Karen Belton is not an officer, director, or general agent for the corporation and therefore service was improper. 'While a literal reading of Rule 4(d)(8) supports Defendant's interpretation, the Law Court has declined to apply the rules strictly where a defect has not prejudiced the party to be served_ lown qfOgunquit v. Dep'tofPuh_ Sajety. 2001 'ME 47, ~ ll, 767 A2d 291 \'A defect in service of process does not automatically create the type of prejudice requiring dismigsal_") This is particularly true where the defendant received actual notice of the suit See, e.g., In re Richard£, 2009 .ME 93, ~ 21,978 A2d 217 ("When actual notice is accomplished, a technical defect in service may be overlooked''); Phillzps v. Johnson. 2003 ME 127, ~ 24, 834 A 2d 938 ('Because actual notice is the ultimate goal of any form of service, the discovery of a technical defect in ser;ice will not ordinarily negate the notice when acrual not:tce is accomplished."); Peoples l!efJ/age Sav. Bank v. Pease, 2002 'ME 82, ~ 14, 797 A2d 1270 (acrual notice defeats technical noncompliance with Rule 4) Here, Attorney David Hirshon received actual notice because service was made upon an employee of his law firm at the appropriate address and he responded to the complaint by filing this motion to dismiss, prcsumablv after consultation with his client the Defendant The fact service was made upon a Hirshon Law Group employee rather than Attorney Hirshon personally has not prejudiced the Defendant As a result, the Plaintiffs failure to comply with technical reqUirements of Rule 4(d)(8) does not require dismissal_ 2 The clerk will make the following entry, by reference, on the docket' The Defendant's motion to d1smiss is hereby DENIED SO ORDERED DATE: February -J~ 2015 JOJIJl'd'·Neil, Jr. Justice, Superior Court 3 CV-14-192 ATTORNEY FOR PLAINTIFF: ANDREW JAMES HUNGERFORD HUNGERFORD LEGAL 14 MASON STREET PO BOX 7581 PORTLAND, ME 04112-7584 ATTORNEY FOR DEFENDANT: DAVID HIRSHON, ESQ. HIRSHON LAW GROUP 208 FORE STREET PORTLAND. ME 04101
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