Ginns v. Shumate

Opinion

STEPHENS, Acting P. J.

This appeal arises out of an order dismissing appellant’s action as to respondent.

Plaintiff, Grace Ginns, commenced an action against defendant Dr. Lincoln Shumate and others on July 21, 1972. Following several unsuccessful attempts to personally serve Dr. Shumate, plaintiff’s process server left a copy of the summons and complaint with the secretary at Dr. Shumate’s office on July 16, 1975. On the same day a copy of the summons and complaint was also mailed to Dr. Shumate.

On August 14, 1975, Dr. Shumate, by way of a special appearance, filed a motion to dismiss…