Jones v. Brown

The plaintiff, who failed to pay the sheriff's service fee until 133 days after the 2-year statute of limitation period ran, failed to exercise due diligence in perfecting service outside the statue of limitation.

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The facts of this case are not in dispute. The lawsuit arises out of an automobile collision that occurred on October 1, 2005. On September 21, 2007, nine days before the expiration of the statute of limitation, Victor Brown, who has proceeded pro se at all stages of this litigation, filed this personal injury action against Jared Jones for injuries he allegedly received in the automobile collision. The action listed Jones’ address as 5160 Mainstream Circle, Norcross, Georgia, which was the address on the accident report. Although Brown paid the required seventy-eight dollar filing fee, he did not pay the twenty-five dollar sheriff’s service fee. On October 1, 2007, the applicable two-year statute of limitation expired.1 No further activity occurred in the case until February 11, 2008, when Brown finally paid the twenty-five dollar sheriff’s service fee. On February 14, 2008, a sheriff’s deputy attempted service on Jones, but Jones’ father informed the deputy that Jones was away at college. The deputy entered a return of service form noting he was “unable to serve.” On March 6, 2008, a sheriff returned to the address and served Jones by leaving a copy of the complaint with Jones’ mother.

Jones filed his answer on April 4, 2008, raising the defenses of laches, improper service, improper process, expiration of the statute of limitation, and lack of jurisdiction. On November 12, 2008, Jones filed a motion to dismiss or, in the alternative, motion for summary judgment. Brown filed an untimely document in response on January 20, 2009.2 The trial court denied Jones’ motion without elaboration, but certified the order for immediate review. We granted Jones’ request for an interlocutory review to determine whether the trial court erred in denying his motion to dismiss or, in the alternative, his motion for summary judgment. Because we find that the limitation period had expired and Brown has not satisfied his burden of showing that he exercised due diligence in perfecting service of process on Jones, we reverse the trial court’s order.

Jones v. Brown

The plaintiff, who failed to pay the sheriff's service fee until 133 days after the 2-year statute of limitation period ran, failed to exercise due diligence in perfecting service outside the statue of limitation.

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