Mitchell v. Brown, et al.
| Docket Number: | 2001-CA-01985-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-21-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Service of process - M.R.C.P. 4(h) Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 11-27-2001 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: COMPLAINT DISMISSED Case Number: 2000-00,426(2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | KEITH A. MITCHELL |
ROCKY WAYNE EATON
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| Appellee: | BRIDGETT C. BROWN AND STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. BILOXI, MISSISSIPPI | PETER C. ABIDE JOE CRAWFORD GEWIN H. BENJAMIN MULLEN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Service of process - M.R.C.P. 4(h) |
| Summary of the Facts: | As a result of being injured in an automobile accident, Keith Mitchell filed a complaint against Bridgett Brown and others. After Brown moved to dismiss the complaint because she had not received timely service of process, she was served. The court found that Mitchell had not served process upon Brown within 120 days and dismissed the complaint. Mitchell appeals. |
| Summary of Opinion Analysis: | M.R.C.P. 4(h) requires that a summons be served upon a defendant within 120 days after a complaint has been filed, except for good cause or excusable neglect. Process was served on Brown approximately 133 days after the filing of Mitchell's complaint. The complaint was mailed to Brown's last known address as obtained from the three-year old accident report. Brown had not lived at that address for approximately two years. Mitchell made no effort to verify that this address remained valid nor is there anything to suggest that Brown secreted herself or attempted to evade service of process. Therefore, the court properly dismissed the complaint. Although Mitchell filed a motion for an extension of time after the 120-day period ended, the time to serve process may be extended only if the extension is requested within the 120-day period. |
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