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Young v. Sherrod5/31/2005
e to serve process by "any other manner" equates to insufficient service of process. If we agree with Young, a plaintiff will be able to complete service of process by mail if a defendant files a motion to dismiss with the knowledge that a plaintiff has transmitted an attempt at process under Rule 4(c)(3)(A). This is not what the Mississippi Rules of Civil Procedure contemplate.
. On the twenty-first day after Young mailed the summons and complaint with the acknowledgment, Young was obligated to complete service of process by any other means. M.R.C.P. 4(c)(3)(B). There is no evidence in the record that suggests Young attempted to serve Dr. Sherrod by any other means. There is no affidavit of completion of service of process. Absent proof of service by some other means, we cannot say that the circuit court erred by dismissing Young's cause of action against Dr. Sherrod.
. A trial court can acquire jurisdiction over an individual through service of process. Mansour v. Charmax Industries, Inc., 680 So.2d 852, 854 (Miss. 1996). In addition, a trial court can acquire jurisdiction over the person through his appearance. Id. Without either occurrence, the trial court does not have jurisdiction over the person. Id. Here, Young failed to serve process on Dr. Sherrod. Moreover, Dr. Sherrod did not enter an appearance. Dr. Sherrod only acted to dismiss Young's complaint for lack of service of process and, therefore, lack of jurisdiction. The circuit court did not err in granting Dr. Sherrod's motion to dismiss.
. THE JUDGMENT OF THE LEAKE COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., LEE, P.J., MYERS, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
IRVING, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
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