A judge dismissed a wrongful death lawsuit in the murder of 5-year-old Harmony Montgomery after lawyers were unable to serve the complaint to the girl’s father, Adam, who was convicted of beating the little girl to death in 2019.

Adam Montgomery is incarcerated in a Virginia prison as part of an interstate compact with the state of New Hampshire. Few details have been made public about the reason for the out-of-state transfer.

The case is now marked as “dismissed for lack of service,” according to an order made by Hillsborough County Superior Court Judge Michael Klass on Friday. The return of service was due to the court on Oct. 9.

“The Plaintiff has not filed the return of service with the Court or sought to have the deadline for service extended,” he wrote.

Kevin Leonard, the attorne

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