Devoe v. Callis

Smith, Judge.

This personal injury action arises out of a collision between a car driven by plaintiff Devoe and a parked vehicle owned by defendant Callis. The collision occurred on January 30, 1990. This action was. filed on January 29, 1992, one day before expiration of the relevant statute of limitation. See OCGA § 9-3-33. While no return of service appears on the record, Callis states by affidavit that he was served on April 20, 1992, eighty-one days after the statute of limitation expired. The trial court granted Callis’s motion for summary judgment on the basis of Devoe’s failure to act…