Knight Adjustment Bureau v. Funaro, 2021 UT App 65 (June 24, 2021)

After the court set aside a default judgment based upon defective service, the creditor filed a notice of voluntary dismissal, and the debtor filed a motion for attorney fees. The district court denied the motion, reasoning it lacked jurisdiction. Reversing, the court of appeals clarified that deficient service went to personal jurisdiction, not subject matter jurisdiction, and held that the absence of personal jurisdiction due to deficient service over the defendant did not deprive the district court of jurisdiction to consider an award of attorney’s fees against the plaintiff.