Page v. Crawford
| Docket Number: | 2003-CA-00978-COA Linked Case(s): 2003-CT-00978-SCT ; 2003-CA-00978-COA ; 2003-CA-00978-COA ; 2003-CA-00978-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-10-2004 Opinion Author: Chandler, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Service of process - Good cause - M.R.C.P. 4(h) Judge(s) Concurring: King, C.J., Bridges, P.J., Lee and Myers, JJ. Concur in Part, Dissent in Part 1: Griffis, J. Concur in Part, Dissent in Part Joined By 1: Concurring in Part and Dissenting in Irving, J. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 04-21-2003 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: DEFENDANT'S MOTION TO DISMISS WAS GRANTED AND THE CASE WAS DISMISSED. Case Number: CV02-086(PF)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Maria Page |
JASON LEE SHELTON |
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| Appellee: | Sherry Crawford | MARTHA BOST STEGALL |
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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 - Good cause - M.R.C.P. 4(h) |
| Summary of the Facts: | Maria Page filed a suit against Sherry Crawford, alleging that Crawford negligently struck her vehicle by failing to keep a proper lookout as she attempted to turn into the stream of traffic. Crawford filed a motion to dismiss based upon the failure to effect service of process. The court granted the motion, and Page appeals. |
| Summary of Opinion Analysis: | Page argues that the court erred in dismissing her civil suit because she showed good cause for failure to serve process within 120 days if, in fact, service was not properly perfected in that time. The 120-day rule under M.R.C.P. 4(h) may not be applied if the plaintiff is able to show good cause why service was not made in that time. Page contends that Crawford purposefully evaded service of process knowing the suit against her had been filed. Attempts to find her included a search of the records of public utilities and inquiries apparently made by the process servers. Page also cites her letters to Crawford's spouse and argues the failure of Williamson to retrieve the certified letter is proof of intent to avoid service. There is no bright line rule as to how many efforts must be made by a plaintiff to locate a named defendant to satisfy the requirement of diligent inquiry. In this case, Page did make several attempts to locate and serve Crawford within the 120-day period, searching through both telephone and utility directories and repeatedly engaging process servers. When Page finally found Crawford's husband, he refused to accept certified letters regarding the matter. Although land records do seem like an obvious place to conduct an inquiry, Page was looking under a former name that was given at the time of the accident. Because the circuit court did not make a finding pertaining to whether good cause existed, the case is remanded for a determination of whether good cause was shown. |
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