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Brown v. State Farm Mut. Auto. Ins. Co.

Plaintiff's counsel's vague affidavit regarding his efforts to locate and serve defendant did not show that plaintiff diligently tried to serve defendant after the expiration of the limitation period.

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Alona Brown’s tort suit was dismissed on the grounds that she failed to timely serve the defendant after the running of the statute of limitations. The uninsured motorist carrier raised this defense in response to Brown’s failure to serve. Brown appeals contending that she diligently attempted to locate the defendant and that her motion to serve by publication should have been granted.

On October 7, 1998, five days before the running of the statute of limitations, Brown, for herself and as guardian of a minor, brought suit against Alton Snow, Jr., for injuries arising out of a car accident. Although Brown served State Farm Mutual Automobile Insurance Company, her uninsured motorist carrier, Brown has never served Snow. On January 19, 1999, State Farm filed a motion to dismiss. Over one month later, on February 22, Brown filed a motion requesting permission for service by publication. On April 9, the trial court granted State Farm’s motion to dismiss.

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