South Down Recreation Ass'n v. Moran

686 A.2d 314, 141 N.H. 484, 1996 N.H. LEXIS 130
CourtSupreme Court of New Hampshire
DecidedDecember 10, 1996
DocketNo. 95-372
StatusPublished
Cited by13 cases

This text of 686 A.2d 314 (South Down Recreation Ass'n v. Moran) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Down Recreation Ass'n v. Moran, 686 A.2d 314, 141 N.H. 484, 1996 N.H. LEXIS 130 (N.H. 1996).

Opinion

Brock, C.J.

The plaintiff, South Down Recreation Association, appeals the Laconia District Court (Huot, J.) dismissal of the plaintiff’s action against the defendants, Philip and Carole Moran. The trial court ruled that it did not have personal jurisdiction over the defendants because service of process was not in accordance with the long-arm statute. See RSA 510:4 (1983 & Supp. 1996). We affirm.

The plaintiff sued the defendants in district court for payment of condominium dues and assessments. See RSA 356-B:15 (1995). The defendants are residents of Salem, Massachusetts. The writ was served on the defendants’ abode in Salem by an Essex County, Massachusetts sheriff. The defendants did not appear and were defaulted.

Before final judgment was entered, the district court, sua sponte, raised the question of personal jurisdiction and ruled “that nonresident defendants must be served by service on the Secretary of State and certified mail in the first instance. If that is unsuccessful, application may be made to the court for alternative service.” The plaintiff appealed.

[486]*486On appeal, the plaintiff argues that RSA 510:4, II (Supp. 1996) does not provide the exclusive means of serving nonresident defendants, contending that RSA 510:4, V (1983) and RSA 510:2 (1983) authorized the service it effected in this case. We disagree.

RSA 510:4 is our long-arm statute. See Roy v. Transairco, Inc., 112 N.H. 171, 173, 291 A.2d 605, 606 (1972). RSA 510:4, I, provides for implied submission to New Hampshire jurisdiction when a nonresident “transacts any business within this state, commits a tortious act within this state, or has the ownership, use, or possession of any real or personal property situated in this state.” See Hutchings v. Lee, 119 N.H. 85, 87-88, 398 A.2d 68, 69-70 (1979). RSA 510:4, II provides:

Service of Process on Secretary of State. Service of process upon any person who is subject to the jurisdiction of this state, as provided in this section, may be made by leaving a copy thereof, with a fee of $10, in the hands or office of the secretary of state. Such service shall be of the same legal force and effect as if served on the defendant at his abode or place of business in the state or country where he resides and according to the law of that state or country, provided that notice thereof and a copy of the process is forthwith sent by registered mail, postage prepaid, by the plaintiff or his attorney to the defendant at his last known abode or place of business in the state or country in which the defendant resides. The defendant’s return receipt and an affidavit of the plaintiff or his attorney of compliance with the section shall be appended to the process and entered therewith. In the event that the notice and a copy of the process are not delivered to or accepted by the defendant, the court may order such additional notice, if any, as justice may require.

RSA 510:4, V states that the method of service provided in RSA 510:4, II “is not exclusive and service on nonresident individuals may be made in any other manner provided by law.” (Emphasis added.)

Proper service of process is a necessary prerequisite to obtaining jurisdiction over an out-of-state defendant. Hutchins v. Del Rosso, 116 N.H. 421, 423, 365 A.2d 127, 129 (1976). If personal service is not effected within the boundaries of the State, see RSA 510:2, “jurisdiction over a nonresident can only be obtained if the legislature has provided another method of service of process.” Hutchins, 116 N.H. at 423, 365 A.2d at 129. This requirement is [487]*487separate from the due process requirement that the defendant have minimum contacts with the jurisdiction “such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945) (quotation omitted); see Williams v. Williams, 121 N.H. 728, 731, 433 A.2d 1316, 1318-19 (1981), appeal dismissed, 455 U.S. 930 (1982); Cove-Craft Industries v. B.L. Armstrong Co. Ltd., 120 N.H. 195, 198, 412 A.2d 1028, 1030 (1980).

Although we construe our statutes providing personal jurisdiction over nonresidents “to the full constitutional limit,” Leeper v. Leeper, 114 N.H. 294, 296, 319 A.2d 626, 627-28 (1974), we also consistently require strict compliance with statutory requirements for service of process. E.g., Lachapelle v. Town of Goffstown, 134 N.H. 478, 479, 593 A.2d 1152, 1153 (1991); cf. First Bank of Marietta v. Cline, 466 N.E.2d 567, 568-69 (Ohio 1984) (where statute authorizes out-of-state service in person or by mail, out-of-state publication service insufficient to confer jurisdiction). “Where a statute points out a particular method of serving process . . . such method must be followed . . . .” Bissonnette v. Alpine, Inc., 96 N.H. 419, 420, 77 A.2d 586, 587 (1951).

When we interpret statutes, we look to the plain meaning of the words used. Appeal of Astro Spectacular, 138 N.H. 298, 300, 639 A.2d 249, 250 (1994). “Our goal is to apply statutes in light of the legislature’s intent in enacting them, and in light of the policy sought to be advanced by the entire statutory scheme.” Appeal of Mascoma Valley Reg. School Dist., 141 N.H. 98, 100, 677 A.2d 679, 681 (1996) (citation omitted). In our analysis, “we will focus on the statute as a whole, not on isolated words or phrases,” Roberts v. General Motors Corp., 138 N.H. 532, 536, 643 A.2d 956, 958 (1994), presuming that the legislature did not use “superfluous or redundant words,” Appeal of Derry Educ. Assoc., 138 N.H. 69, 71, 635 A.2d 465, 467 (1993) (quotation omitted).

RSA 510:4, II provides no explicit authorization for out-of-state personal service. It provides that when jurisdiction is vested in New Hampshire courts by virtue of RSA 510:4, I, substituted service, made by registered mail and by service on the secretary of state, will “be of the same legal force and effect as if served on the defendant at his abode ... in the state . . . where he resides.” Id. This language does not authorize out-of-state personal service. Compare RSA 510:4, II with Vt. R. Civ. P. 4(e) (specifically providing that out-of-state defendants “may be served ...

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Bluebook (online)
686 A.2d 314, 141 N.H. 484, 1996 N.H. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-down-recreation-assn-v-moran-nh-1996.