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Brasile v. Beck

The trial court properly dismissed the plaintiff's renewal action, since her initial injury action was void due to her failure to personally serve the defendants.

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Julie Brasile appeals from the trial court’s dismissal of her renewal action against Jennifer Beck and Viona Fox. We affirm because Brasile’s original action was void based upon her failure to personally serve Beck and Fox. The record shows that Brasile was injured in an automobile accident on October 22, 2006. On September 28, 2008, Brasile filed a complaint against Beck and Fox in Peach County Superior Court. After the sheriff’s department was unable to personally serve the defendants at the address provided, Brasile obtained an order for service by publication on October 29, 2008. After realizing that the defendants might be residents of Crawford County, plaintiff’s counsel dismissed the Peach County case in May 2009, after the expiration of the statute of limitation.

On August 5, 2009, Brasile filed a renewal action in Chatham County State Court, and she personally served Beck and Fox with the summons and complaint. The State court subsequently granted Beck and Fox’s motion to transfer the case to Crawford County Superior Court.

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