Latham v. Phillips

The plaintiff, Eloise Latham, was involved in an automobile accident in Tuscaloosa County on March 5, 1988. On Friday, March 2, 1990, she sued Freida J. Phillips and John C. Easterwood.1 At the time the suit was filed, the required filing fee was not paid, and the clerk of the circuit court was not provided the summons to be served on the defendants. On March 5, 1990, exactly two years after the automobile accident, Latham paid the filing fee. Thus, the suit was filed and the filing fee was paid within the statutory period of limitations, Code of Ala. 1975, § 6-2-38. However, certified mail…