Kreke v. Ohio Gear-Wallace Murray Corp.
| Decision Date | 06 November 1985 |
| Docket Number | No. 22438,GEAR-WALLACE,22438 |
| Citation | 287 S.C. 388,339 S.E.2d 115 |
| Court | South Carolina Supreme Court |
| Parties | Roger KREKE, d/b/a/ Frederick's Industries, Respondent, v. OHIOMURRAY CORPORATION, Appellant. . Heard |
Andrew J. White, Jr. of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for appellant.
G. Edward Welmaker, Pickens, for respondent.
Appellant specially appeared in this action for breach of contract to contest jurisdiction based on improper service of process. The trial judge found service was proper. We reverse.
Ohio Gear (appellant) is a division of Household Manufacturing, Inc., a Delaware Corporation authorized by the Secretary of State to transact business in South Carolina. Household Manufacturing's registered agent for service of process is C.T. Corporation System.
Respondent personally served the manager at the Ohio Gear plant in Liberty, South Carolina, in January 1984. Respondent also forwarded a copy of the summons and complaint to the Secretary of State for service. No attempt was made to serve Household's registered agent. The only issue on appeal is whether service was improper because it was not made upon the registered agent.
S.C. Code Ann. § 15-9-240(a)(Supp. 1984) provides for service of process on the registered agent of a foreign corporation. Subsection (b) allows service on the Secretary of State only if the foreign corporation has no registered agent as required by § 33-5-40 (Supp. 1984), or if the registered agent cannot be found at the registered office, or if the corporation's certificate of authority has been suspended or revoked. Because none of these circumstances exists here, service should have been made upon the registered agent. 1
1 We express no opinion whether Rule 4(d)(3), SCRCP, would change the result in a similar case.
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...be penalized for the appellant's failure to update its records with the Secretary of State, the case of Kreke v. Ohio Gear-Wallace Murray Corp., 287 S.C. 388, 339 S.E.2d 115 (1986), is controlling. Kreke The only issue on appeal is whether service was improper because it was not made upon t......
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...determination that service was proper when that determination was not supported by the evidence); Kreke v. Ohio Gear-Wallace Murray Corp., 287 S.C. 388, 339 S.E.2d 115 (1986) (per curiam) (reversing based on improper service when an appellant attempted to serve a foreign corporation by a me......