Missouri Court of Appeals, Eastern District / Sep 12, 2023
State ex rel. Sedrick Phillip-Smith, Relator, vs. The Honorable Michael F. Stelzer, Circuit Judge, Twenty-Second Judicial Circuit, City of St. Louis, Respondent.
Sedrick Phillip-Smith sought a writ of prohibition to prevent the circuit court from enforcing its order that found service of process valid in a personal injury case. The circuit court had overruled Phillip-Smith's motion to quash service, which was attempted by leaving the summons with an HR representative at his workplace. The appellate court made the preliminary writ permanent, holding that service was facially deficient because the HR representative lacked actual or apparent authority to accept service, thus preventing the circuit court from acquiring personal jurisdiction.