Abelt v. Nelson

Cooper, Judge.

We granted appellant’s application for interlocutory appeal to consider the trial court’s denial of appellant’s motion for summary judgment based on appellees’ failure to perfect service on appellant within the applicable statute of limitation.

Appellees were charged with simple battery, obstruction of a police officer and criminal trespass in an incident in which appellant, a security guard, removed appellees from a roller skating rink. Appel lees were acquitted of all charges in a jury trial and subsequently brought the instant action against appellant for assault, false…