Garcia v. Virden

Ruffin, Judge.

Felipe Garcia and Guadelupe Gonzalez, individually and as natural guardians of Diana Gonzalez, dismissed and then re-filed an action against Thomas Virden for injuries they allegedly sustained in an automobile accident. The trial court dismissed the second action on the ground that plaintiffs failed to perfect service upon defendant in the original action, and plaintiffs appeal. Because dismissal was proper, we affirm.

Plaintiffs filed suit against defendant on March 13,1995 for injuries they allegedly sustained in a March 28, 1994 automobile collision. For two years, plaintiffs…