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Harlem v. Williams

The plaintiff failed to exercise due diligence in perfecting service upon the defendants after the running of the statute of limitation.

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Ciara Harlem appeals from the trial court’s order dismissing her complaint on the grounds of failure to exercise due diligence in perfecting service upon appellees, Charles B. Williams, Easter Williams, and “John Doe,” after the running of the statute of limitation. We review a trial court’s dismissal of a complaint on these grounds for an abuse of discretion. Jones v. Brown, 299 Ga. App. 418, 418-419 683 SE2d 76 2009. Because we determine that the trial court did not abuse its discretion in dismissing the complaint, we affirm.

As an initial matter, we note Harlem’s appellate brief is not numbered nor are the facts set forth in the brief supported with citations to the record. Pursuant to Court of Appeals Rule 25 a 1, “record and transcript citations shall be to the volume or part of the record or transcript and the page numbers that appear on the appellate record or transcript as sent from the trial court.” With this, we further note that it is not our job to cull the record on behalf of a party, and given the shortcomings of Harlem’s brief, we would be within our authority to dismiss the appeal. See Court of Appeals Rule 7 “Breach of any rule of the Court of Appeals . . . may subject the appeal to dismissal.”. However, given the sparseness of the appellate record, we are able to address Harlem’s enumerations of error.

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