Davis v. Lunceford

Cureton, Judge:

The issue in this medical malpractice action is whether the circuit judge erred in dismissing with prejudice appellant Davis’s summons, without complaint, for failure to timely serve the complaint. We affirm the judgment of dismissal, and remand the action for the entry of an order of dismissal without prejudice.

The medical treatment giving rise to appellant’s allegation of malpractice against respondent occurred over the period December 14,1972 to January 10,1973. The summons without a complaint was served on respondent on July 31, 1978. Respondent’s counsel demanded service…