Glenwood Homeowners Ass'n v. Prosher Development Ltd.

On this appeal we must decide whether an appearance by an unserved defendant by way of answer to a cross-complaint constitutes a general appearance by such cross-defendant so that plaintiff can serve the original complaint by mail on the cross-defendant.

Appellant, Glenwood Homeowners Association, Inc., commenced the within action on August 16, 1976, by filing a complaint against several named defendants and 150 Doe defendants, alleging causes of action based upon negligence, breach of warranty, breach of contract and fraud in the construction of a condominium project. One -defendant in the action, Prosher Development Ltd., (Prosher) the developer and general contractor of the condominium project filed numerous cross-complaints for indemnity against various subcontractors, including respondent F. A. Goplen & Sons, Inc.

On January 8, 1979, after a third amended complaint had been filed, appellant received answers to its interrogatories from Prosher wherein respondent was named as a subcontractor on the construction project. On February 13, 1979, respondent filed an answer to the cross-complaint of Prosher.

Appellant on July 11, 1979, prepared and served upon respondent…