Mims v. Babcock Center, Inc.

I respectfully dissent and would affirm the appealed order finding that because appellant failed to actually serve the complaint within 120 days of filing, the 2007 action ended, and *349thus no action was commenced to which the 2008 amended complaint could attach. S.C.Code Ann. § 15-3-20 (2005).

Section 15-3-20(B) provides “A civil action is commenced when the Summons and Complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing.” Appellant’s complaint was filed on May 29, 2007, and never served. Under the plain language of §…