Drake v. Wimbourne

SHANNON, Judge.

The appellants, Marie Drake and James D. Camp, Jr., guardian ad litem for Marie Drake, filed this interlocutory appeal by reason of the entry of an order of the trial court denying Marie Drake’s motion to dismiss. The plaintiff below filed a complaint sounding in tort, and on that complaint a summons to two defendants, Edward J. Poor and Marie Drake, was delivered to the sheriff. The sheriff’s return showed that the deputy had delivered a copy to the defendant, Marie Drake. The original complaint contained no allegations concerning the mental competency of Marie Drake. A motion…