Crall v. Davis

LAVORATO, Chief Justice.

In this interlocutory appeal, we conclude the district court erred in failing to dismiss the plaintiffs’ petition based on the defendant’s contention that there was an abusive delay in service of process. Accordingly, we reverse and remand the case with directions.

I. Background Facts and Proceedings.

On February 16, 2004, Kathleen and Thomas Crall sued Margaret Davis, their next-door neighbor, for injuries Kathleen suffered in a slip-and-fall incident on Davis’s property on February 16, 2002. Thomas’s claim was for loss of consortium.

On April 30 a preanswer motion was…