DocketNumber: No. 72-578
Judges: Cross, Poul, Timothy, Ton, Walden
Filed Date: 11/30/1973
Status: Precedential
Modified Date: 10/18/2024
As conceded, the trial court never acquired jurisdiction over the person of the defendant James A. Morgan. Further, and different from plaintiff’s contentions, Morgan preserved his position and did not in anywise waive or submit to the jurisdiction. As a consequence, the final judgment is void as to Morgan and he should be dismissed as a party to this litigation.
None of the remaining appellate points have merit or require discussion.
We reverse as to appellant, James A. Morgan, and remand for further proceedings consistent herewith.
Reversed and remanded.