Thompson v. Ross Dialysis-Englewood, LLC

Court erred in denying Defendant's motion to dismiss for lack of personal jurisdiction. Plaintiff failed to show diligence in attempting to serve Defendant either through personal or substitute service, and thus was not entitled to a special order of court allowing alternate service. A plaintiff seeking leave of court to serve a defendant through alternative service must present an affidavit that shows diligent efforts plaintiff made to reasonably ascertain the whereabouts of the defendant to be served and to explain those efforts were unsuccessful. (NEVILLE and HYMAN, concurring.)