950949 Frey v. Jefferson Homebuilders 03/01/1996 In a breach of contract case against a corporation where papers were delivered by hand to a registered agent, the trial court's denial of a motion to q

State: Virginia

Court: Supreme Court

Docket No: 950949

Case Date: 03/01/1996

Plaintiff: 950949 Frey

Defendant: Jefferson Homebuilders 03/01/1996 In a breach of contract case against a corporation where papers w

Preview:Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Whiting, Senior Justice

MICHAEL B. FREY AND PATRICIA A. FREY
                                              OPINION BY
v.  Record No. 950949 SENIOR JUSTICE HENRY H. WHITING
                                             March 1, 1996
JEFFERSON HOMEBUILDERS, INC.

FROM THE CIRCUIT COURT OF CULPEPER COUNTY
John R. Cullen, Judge

In this appeal, the primary issue is whether a statutory extension of the time for serving process applies to Rule 3:3.  As pertinent, Rule 3:3 provides:
  No judgment shall be entered against a defendant who was served with process more than one year after the commencement of the action against him unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on him.*

Alleging a breach of contract, Michael B. Frey and Patricia A. Frey, his wife, filed a motion for judgment against Jefferson Homebuilders, Inc. (Jefferson) on November 12, 1993.  The record does not indicate that the Freys furnished Jefferson's address to the clerk when their motion for judgment was filed, as required by another provision of Rule 3:3 and by Code

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