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Rucker v. Indianola Health & Rehab. Ctr. 2006 U.S. Dist. LEXIS 71192 (D. Miss. 2006)

Plaintiff filed wrongful death action against a nursing home alleging personal service on February 18, 2005. Default was entered on March 24, 2005. The case was removed to federal court on April 4, 2005. On April 13, 2005, default judgment was entered in State court. Plaintiff then filed a motion for default in federal court, which was denied due to defective service. On July 20, 2006, the nursing home filed a motion to set aside the default in State Court. The motion was granted. It was undisputed that the person served was not a registered agent authorized to accept service and that the named defendant was a mere trade name. Since there was no proof of service in compliance with Miss. R. Civ. P. 4, there could be no default.

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