In this case arising from an automobile collision, the plaintiffs, Miri Cohen and Sarit Rotenberg, appeal from two orders granting the motions to dismiss or for summary judgment of defendant Erin Clark and the plaintiffs’ uninsured motorist insurance carrier, Allstate Insurance Company. The trial court granted both motions on the ground that Cohen and Clark did not demonstrate due diligence in serving Clark personally. Because we find that the trial court properly analyzed the issues and that dismissal or summary judgment against both Clark and Allstate was proper, we affirm the judgments below. The record shows that the collision occurred on January 17, 2001. On March 6, 2002, Cohen and Rotenberg filed their complaint in Fulton County State Court. A Fulton County marshal attempted to serve Clark at an apartment complex on March 11, 2002 and learned from its manager that Clark had moved. Sometime thereafter, plaintiffs hired a private investigator to find Clark. On March 28, 2002, plaintiffs dismissed the Fulton County suit, and they filed a complaint in DeKalb State Court on April 3, 2002. Service was attempted in DeKalb County on April 8, 2002, and the marshal noted on the return that Clark “moved 6 months ago.” A second attempt was made on May 14, 2002, without success. The marshal’s return notes that Clark “no longer lives on property.” Plaintiffs obtained an order for publication on August 7, 2002, and it was perfected on October 3, 2002.
Meanwhile, on September 16, 2002, plaintiffs served their uninsured motorist UM carrier, Allstate. Plaintiffs’ counsel states in an affidavit submitted in opposition to Clark’s motion that plaintiffs “continued to work with the investigator to locate” Clark and that “plaintiffs and their investigator could not locate the defendant.” No further specifics are given, however, regarding what efforts were made between August 7, 2002 and February 12, 2004, when Clark finally was served personally. This date was almost two years after the complaint was filed in DeKalb County and more than a year after the expiration of the statute of limitation.
