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Bell v. Cohran

Plaintiff's notice of appeal was not timely since the trial court's denial of her motion to set aside was not a directly appealable judgment.

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Brenda Bell appeals from the superior court’s order dismissing her complaint with prejudice. Because Bell’s notice of appeal was untimely, we lack jurisdiction to consider the merits of her case and must dismiss it.

On June 11, 1999, the superior court entered an order dismissing Bell’s complaint with prejudice because she served process upon the defendant, Mary Katherine Cohran, 25 days after the statute of limitations expired. The superior court found that Bell failed to exercise due diligence in serving Cohran; consequently, Bell’s belated service did not relate back to the date she filed her complaint. On June 30, 1999, Bell filed her “Motion to set aside Order to Dismiss,” which the superior court denied in its August 8, 1999 order. Bell filed her notice of appeal on September 7, 1999, seeking only to appeal directly the superior court’s June 11, 1999 order.

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