Kennedy v. Porter

Smith, Judge.

Thomas C. Kennedy and others filed a personal injury complaint against Reginald D. Porter. The trial court eventually dismissed the complaint based on the failure of plaintiffs to serve Porter within the applicable limitation period. Finding no such failure, we reverse.

The automobile collision giving rise to appellants’ complaint occurred on August 5, 1986. Porter concedes that the statute of limitation was tolled upon his entry into military service in February 1988.1 *399Appellants filed their complaint on July 29, 1988. On July 30, 1988, a sheriff’s entry of service was filed…