Dunn v. Kirsten

SMITH, Presiding Judge.

This appeal arises out of the trial court’s denial of defendant Jennifer Dunn’s motion to dismiss the complaint filed against her by Neil Kirsten. Dunn argued in her motion that she was not personally served with the complaint within the applicable statute of limitation. As more fully discussed below, we conclude that Kirsten properly obtained service by publication against Dunn for purposes of proceeding against his own insurer. The record shows, however, that he failed to exercise due diligence in having Dunn personally served within the two-year statute of limitation…