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Bohorquez v. Strother

The defendant's affidavit expressly denied that she was personally served and declared that she was in Indiana when the purported service at her home in Norcross occurred.

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In this personal injury action arising from a motor vehicle collision, plaintiff, Ana Bohorquez, appeals the trial court’s dismissal of the action for insufficient service of process. As the record supports the trial court’s finding that the plaintiff did not effect service on defendant Renekia Strother, we affirm. “A trial court’s ruling on a motion to dismiss a complaint for insufficient service of process will be upheld on appeal absent a showing of an abuse of discretion. Factual disputes regarding service are to be resolved by the trial court, and the court’s findings will be upheld if there is any evidence to support them.” Citation omitted; emphasis in original. Woodyard v. Jones .1

So viewed, the record shows that the plaintiff filed suit on December 14, 2005, alleging personal injury resulting from a collision with the defendant’s vehicle on December 16, 2003. As the two-year statute of limitations was due to expire, plaintiff moved for and obtained the appointment of a special process server. Although the record does not indicate that the plaintiff ever filed an original return or affidavit as evidence of service, a copy of the process server’s affidavit, filed as an exhibit to the defendant’s motion to dismiss, purported personal service on the defendant on December 27, 2005.

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