Fercenia v. Guiduli

¶ 1. Defendants Dr. Robert Guiduli and Guiduli Opthamalic Associates, Inc., bring this interlocutory appeal from an order of the Chittenden Superior Court denying their motion for judgment on the pleadings. Defendants contend that plaintiff Jean Fercenia’s failure to comply with the requirements set forth in Vermont Rule of Civil Procedure 3 and the waiver of service requirements set forth in Rule 4(1) resulted in the expiration of plaintiff’s cause of action under the applicable statute of limitations. The trial court, in denying defendants’ motion, found that plaintiffs failure to comply…