Stewart v. Shipley

DAVIS, Judge.

*241 In this case, we consider the circumstances under which a defendant is estopped from asserting the defense of insufficiency of service of *242 process. Plaintiff Tillie Stewart appeals from the trial court's dismissal of her complaint against defendants Dr. James R. Shipley and Instride Mt. Airy Foot and Ankle Specialists, PLLC (collectively the "Shipley Defendants"). In her appeal, she argues that principles of estoppel serve to bar the Shipley Defendants from asserting that they were not properly served with process in this lawsuit. After a thorough review of the record and…