Finkelstein v. Lovell

The issue on appeal here is whether a complaint which is filed on the day the statute of limitations would run, but which contains the notation "NO SERVICE TO BE MADE AT THIS TIME," is sufficient to commence a civil action, if it is not in fact served that day.

Marcia Finkelstein, plaintiff/appellant, was injured in an automobile accident which occurred on May 12, 1981, in Homewood, Alabama. The other automobile involved in the accident was driven by Sharon R. Lovell, but the automobile was owned by her husband, James G. Lovell. Appellant filed a complaint, for injuries she allegedly sustained…