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Zeigler v. Hambrick

Plaintiff did not act as quickly as possible in serving defendant outside the statute of limitation where she served defendant 21 days after filing her renewal suit.

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Althea Zeigler appeals the order dismissing her personal injury action against Nicole Hambrick. The State Court of DeKalb County concluded Zeigler failed to exercise due diligence in serving Hambrick, and granted Hambrick’s motion to dismiss or, in the alternative, for summary judgment. Zeigler appeals, contending the trial judge applied the incorrect standard when evaluating whether service was timely. Zeigler also contends the trial court erred in concluding she failed to act diligently in serving Hambrick 21 days after filing the renewal action. Finding no error, we affirm.

Briefly, the record shows Zeigler and Hambrick were involved in a car collision on July 15, 1997. In 1998, Zeigler filed a timely suit for personal injuries in the State Court of Fulton County. Zeigler later voluntarily dismissed this suit on September 19, 2000 after learning Hambrick was a resident of DeKalb, not Fulton, County. Zeigler filed a timely renewal action under OCGA § 9-2-61 in DeKalb County on March 9, 2001. The DeKalb County marshal served Hambrick on March 30, 2001, 21 days after Zeigler filed her renewal suit.

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