Kelley v. Lymon

Miller, Judge.

Tara R. Kelley sued Garrett Lymon, Jr., for personal injuries sustained in a June 2001 automobile accident. The suit was filed one month before the two-year statute of limitation expired. See OCGA § 9-3-33. Lymon raised the defense of insufficient service of process in his answer. Fifteen months after the statute of limitation expired, Lymon still had not been served, and the trial court dismissed Kelley’s complaint. Kelley appeals, arguing that the trial court should not have dismissed her complaint and should have granted her motion to compel Lymon’s deposition. We discern no…