Va. Polytechnic Inst. v. Prosper Fin., Inc.
Annotate this CaseVirginia Polytechnic Institute and State University (VPI) and Prosper Financial (Prosper) entered into a research contract. The contract provided two addresses in Florida for Prosper. VPI subsequently filed a complaint in Virginia for breach of contract. VPI attempted to secure service of process on Prosper through the Secretary of the Commonwealth. In its affidavit for service of process on the Secretary, VPI listed the address contained in the contract's notice provision as Prosper's last known address. After Prosper failed to file responsive pleadings, the trial court entered a default judgment against Prosper. Upon Prosper's motion, the trial court determined the order of default judgment should be set aside because service of process should have been attempted at both Florida addresses. The Supreme Court reversed and reinstated the final judgment against Prosper, holding (1) the use of one of the two Prosper addresses known to VPI was constitutional and satisfied the requirements of Va. Code Ann. 8.01-329(B), and therefore, the trial court's determination that both addresses were required was error; and (2) the trial court erred in setting aside the order of default judgment brought pursuant to Va. Code Ann. 8.01-428(D) without identifying its findings on the necessary elements of the action.
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