Winters v. Goins

Smith, Judge.

Merle and Ressie Winters appeal the trial court’s order granting Harold Lee Goins’s motion to dismiss for failure to timely perfect service. Because we conclude that the trial court failed to determine properly whether appellants used due diligence in serving their complaint, we vacate the trial court’s order dismissing the action and remand this case for further proceedings consistent with this opinion.

On August 7, 1995, appellants filed a complaint against Goins for personal injuries sustained by Ressie Winters in an automobile accident that occurred on August 10, 1993. The…