Webster v. Thomas

OPINION

WANDA McKEE FOWLER, Justice.

Appellant, Penny A. Webster, appeals a summary judgment in favor of appellee, Larry Thomas, in which the trial judge found that Webster had not used due diligence in serving Thomas. We affirm the trial court judgment because, after waiting until the last day of the limitations period to file suit, Webster’s counsel allowed an additional four months and ten days to pass in which he failed to use due diligence to procure issuance of citation and service of citation.

THE CONTROVERSY

On May 8, 1995, Thomas rear-ended Webster’s car. Two years later, on May 8, 1997,…