Hopeful v. Etchepare, LLC
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The First Circuit affirmed in part and reversed in part Petitioners' petition for a writ of review seeking interlocutory review of the orders of the district court denying Petitioners' motion to dismiss and motion to set aside default, holding that the district court abused its discretion in denying the motion to set aside the default judgment.
At issue was subject matter jurisdiction and personal jurisdiction based on service by publication. Petitioners argued that the failure to serve Defendants with a summons stripped the district court of both subject matter jurisdiction and personal jurisdiction. The First Circuit held (1) absent a statute or rule to the contrary, no summons is required when service is accomplished by publication; (2) the district court correctly determined that a summons is not required as to those defendants who are properly subject to service by publication; but (3) the court erred in finding the service by publication conferred personal jurisdiction over the defendants with a known address.
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