Long v. Vitkauskas

In 2014, Douglas Michael Long Jr. filed suit against Pennsylvania resident David Vitkauskas for alienation of affections. Vitkauskas entered a special appearance and then filed a motion to dismiss for, inter alia, insufficient service of process under Mississippi Rule of Civil Procedure 4(c)(5). The trial court granted Vitkauskas’s motion to dismiss on the ground of insufficient service of process, and the Court of Appeals affirmed. The Mississippi Supreme Court reversed, finding the trial court and Court of Appeals erred in ruling that Long’s service of process on Vitkauskas was insufficient. Under Rule 4(c)(5), a rebuttable presumption arises that a signed return receipt is valid when delivery is restricted. The presumption can be rebutted, but only if the defendant objects thereto and submits an offer of proof to the contrary. Vitkauskas never argued that “Mary” (the name provided on the return receipt) was not his authorized agent, nor did he state that he failed to receive process. Additionally, the record contained no offer of proof by Vitkauskas to contest either point. Had he done so, the burden then would have shifted to Long to prove “Mary” was an authorized agent of Vitkauskas. However, without an appropriate objection and offer of proof, Vitkauskas’s “due-process argument [was] without substantive merit.” View "Long v. Vitkauskas" on Justia Law