Legal Opinion
Fannie R. Braxton v. United States of America and Department of Health & Human Services
Court of Appeals for the Third Circuit
Decided April 29, 1987No. 86-1504PublishedCited by 101 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The issue in this case is whether counsel’s lapse in monitoring service of process coupled with a private process server’s unexplained failure to timely serve a complaint pursuant to Fed.R.Civ.P. 4 is a proper ground for dismissal of the suit. We conclude that inadvertence does not excuse compliance with the Rule. We further decide that a letter sent by a deputy court clerk calling counsel’s attention to the problem after the time had run did not extend the period for service. Accordingly, we will affirm the order of the district court dismissing the…
2Cases cited10 opinions
- Armco, Inc. v. Penrod-Stauffer Building Systems, Inc.Court of Appeals for the Fourth Circuit · 1984
- Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
- Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985
- Anthony Romandette v. Weetabix Company, Inc.Court of Appeals for the Second Circuit · 1986
- Robert Norlock v. City of GarlandCourt of Appeals for the Fifth Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- David Petrucelli Tracy A. Petrucelli, Husband and Wife v. Bohringer and Ratzinger, Gmbh Ausdereitungsanlagen Jake Diel Construction MacHine Inc. Teco Electric and MacHine Company, Ltd. v. Excel Recycling & Manufacturing, Inc., Third-Party David Petrucelli and Tracy A. PetrucelliCourt of Appeals for the Third Circuit · 1995
- MCI Telecommunications Corporation v. Teleconcepts, Incorporated, Defendant/third-Party v. Bell of Pennsylvania, Third-Party Teleconcepts, IncorporatedCourt of Appeals for the Third Circuit · 1995
- Friedman v. Estate of PresserCourt of Appeals for the Sixth Circuit · 1991
- Elpidio Mendez v. Richard N. Elliot, Individually and in His Official Capacity the City of Gaithersburg, Maryland Montgomery County, MarylandCourt of Appeals for the Fourth Circuit · 1995
- Sheldon Lovelace v. Acme Markets, IncCourt of Appeals for the Third Circuit · 1987
96 more not listed; retrieve them via the Exa API.