Albert E. Carlson v. Sheila Rae Bos and

Plaintiff Albert E. Carlson sued defendant Sheila Rae Bos for injuries he received in an automobile accident. Believing that Bos did not live in Utah, he attempted, on two separate occasions, to server her with the complaint under the substitute service of process provisions contained in Utahs nonresident or departed resident motorist statute. Utah Code Ann. § 41-12-8 (1981). Five years into the litigation, Bos appeared specially and moved to quash service and to dismiss the action for lack of jurisdiction. The trial court denied the motion, and this Court granted Bos permission to take an interlocutory appeal from that ruling. We reverse and remand for further proceedings.