Campbell v. Coats

Andrews, Presiding Judge.

Timothy Campbell appeals from the trial court’s order dismissing his personal injury action against Robert Coats. Campbell dismissed his original action against Coats after the expiration of the applicable statute of limitation and then filed a renewal action against Coats pursuant to OCGA § 9-2-61. Coats raised the defense of insufficient service in his answer to the original action and moved for dismissal of the renewal action on the basis that he was not properly served in the original action. The trial court correctly concluded that the original action was void…