Carmon v. RoseAnnotate this Case
Plaintiff Gregory Carmon filed suit against Defendant Brian Rose, alleging conspiracy to defraud. Plaintiff’s suit claimed that Defendant and several others defrauded him in an oil and gas investment scheme. The summons and complaint were served by substitute service to Defendant’s wife who lived in Kentucky. When no responsive pleadings were filed, Plaintiff moved for a default judgment, which was granted. Defendant subsequently filed a motion to set aside the judgment, claiming the substitute service was invalid because he had not lived in the Kentucky home since separating from his wife in 2008. The trial court denied Defendant’s motion, and Defendant appealed. The evidence presented to the trial court showed that the Defendant continued to use the Kentucky address to conduct business after separating from his wife. As late as 2010, a vehicle registered to Defendant was photographed outside the Kentucky home. The Supreme Court concluded that the weight of the evidence supported the trial court’s conclusion that substitute service was valid, and affirmed the lower court’s decision.