Tag Archives: Mexico

Case of the Day: Department of Human Services v. M.C.-C.

The case of the day is Department of Human Services v. M.C.-C. (Or. Ct. App. 2015). The Oregon Department of Human Services brought a dependency proceeding against a father who lived in Mexico but whose four children lived in Oregon. The DHS served process via a private courier that required a signature at delivery. This service failed to comply with the Hague Service Convention. However, the father appeared in the case and actively litigated it for two years before raising the defense of insufficient service of process.
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Mexico Update: Supreme Court Refuses Recognition of US Judgment On Service of Process Grounds

In a recent post at Cartas Blogatorias, María Mercedes Albornoz has written about a recent amparo case in the Mexican Supreme Court of Justice in which the court refused to reverse a lower court’s decision refusing recognition of a US decision on the grounds that the defendant was not served personally with process.
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Case of the Day: In re Estate of Sucich

Paul Revere
Happy Patriot’s Day! Letters Blogatory wishes all of the runners in today’s marathon good luck.

The case of the day is In re Estate of Sucich (N.Y. Surr. Ct. 2015). Diana Sucich named her nephew, Nicholas Sucich, in her will, and he was therefore entitled to receive service of a citation in the probate case. However, according to the application of the nominated executor, Wolfson, Nicholas was “alleged to be a fugitive from justice and is believed to have resided in Mexico, under an assumed alias [“Nicolas Francisco”], for the past twenty years.” His sister, another named distributee under the will, had email addresses for him that appeared to work. Wolfson sought leave to serve the citation on Nicholas by email.
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