Volume 5 Winter 2011 Number 2 - Charleston Law Review

CHARLESTON LAW REVIEW [Volume 5was dissolved. 85 Then, on February 15, 2002, Munster filed suitagainst Groce and BWI. 86 Munster attempted to serve Groce andBWI twice by certified mail and once through the Secretary ofState. 87 Each time the mail was returned undelivered. 88Somehow, BWI’s former insurer learned of the lawsuit and filedan answer on behalf of Groce and BWI asserting the affirmativedefenses of lack of personal jurisdiction, insufficiency of process,and insufficiency of service of process in December 2003. 89Further, on January 22, 2004, Groce and BWI filed a motion todismiss based on insufficiency of process and insufficiency ofservice of process. 90Eventually, a private investigator hired by Munster servedthe summons and complaint on George Mikesell, a director listedon BWI’s Articles of Incorporation, by leaving the summons andcomplaint with Mikesell’s wife at his residence on January 26,2004, 91 although a copy of the summons was supposed to bemailed to the Mikesell residence pursuant to Indiana Trial Rule4.1(B). 92 The investigator called Mikesell the next day to makesure he received the summons and complaint. 93 Although thecomplaint was against and addressed only to the corporation,BWI, 94 service was made on Mikesell, one of three BWI85. Id.86. Id.87. Id.88. Id.89. Id.90. Id.91. Id.92. Id. at 63 (discussing Indiana Trial Rule § 4.1 (2010), available athttp://www.in.gov/judiciary/rules/trial_proc/index.html#_Toc244662878 (statingin part that service can be completed as to an individual under (A)(3) by“leaving a copy of the summons and complaint at his dwelling house or usualplace of abode,” but under (B) service must then be followed with “send[ing] byfirst class mail, a copy of the summons without the complaint to the last knownaddress of the person being served . . . .”)).93. Id. at 56.94. See id. at 62, available at http://www.in.gov/legislative/ic/code/title23/ar1/ch45.html. Although BWI had been dissolved before service wasaccomplished, Indiana Code Section 23-1-45-5(b)(5) allows service upondissolved corporations. Id.210