Basmatie Jorreev.Pmb Rentals, Llc
PMB Rentals obtained a default judgment after attempting to serve Basmatie Jorree and her husband in a suit involving payments for storage units, possession of the units, and conversion. After ordinary service attempts failed, the magistrate court authorized service by publication and entered default judgment. Jorree later moved to set the judgment aside, but the magistrate court denied the motion. The superior court dismissed her certiorari petition as untimely. The Court of Appeals vacated and remanded. It held that the superior court miscalculated the time for seeking certiorari because the relevant period began when the magistrate court denied the motion to set aside, not when the original default judgment was entered. The superior court was directed to vacate its judgment and return the case to the magistrate court to address the merits of the motion. The court also emphasized that publication is a notoriously unreliable form of notice and may be used only after reasonable diligence to locate interested parties. Because the timeliness ruling resolved the appeal, the court did not reach Jorree’s remaining challenges.
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