Duke v. Buice

Phipps, Judge.

Harold and Claudia Duke sued Tina Buice for damages arising out of an automobile collision. The trial court granted Buice’s motion to dismiss the action for failure of the Dukes to timely serve Buice. On appeal, the Dukes contend that Buice waived the defense of insufficient service of process by failing to present it in her answer and that notorious service of process was effectively performed upon Buice. We find that Buice adequately raised the issue of insufficient service of process in her answer and that the trial court did not abuse its discretion in finding that Buice was…