Wayne King D.M.D. v. United Leasing, Inc.

William Waymon King, III (“King”) appeals the trial court’s denial of his Motion to Correct Error, which sought to set aside a default judgment. He appeals raising one dispositive issue for our review, which we restate as whether the default judgment entered against him is void for lack of personal jurisdiction. We reverse and remand.

Facts and Procedural History

The facts most favorable to the judgment reveal that in August 1999, King, Wayne King, D.M.D., P.C. (“the Company”), See footnote and United Leasing Inc. (“United”) entered into a lease agreement for the equipment necessary for the establishment of a new dental office. At all times relevant to this appeal, King was a resident of Marietta, Georgia, and United’s principal place of business was Evansville, Indiana. Because of the multiple defendants and various procedural stages at the trial court level, it is helpful to list the chronological history in this matter.

August 1, 2000: United initiates suit in Vanderburgh Superior Court, alleging that King defaulted under the terms of the lease agreement by failing to pay according to its terms.

August 2, 2000: Vanderburgh Superior Court Clerk mails original summons forms and original complaint to King and the Company via certified mail.

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Five days after the default was entered King was actually served by means of personal service through the Cobb County, Georgia, Sheriff’s Department. Eighteen days later, on November 17, 2000, King filed his pro se answer. The trial court did not have personal jurisdiction over King on October 26, 2000, when it entered a default judgment against him, and therefore, the judgment of the trial court was void.

Reversed and remanded.

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