Fusco v. Tomlin

Miller, Judge.

Michael Fusco sued Craig Tomlin for damages allegedly arising out of an automobile collision. Tomlin subsequently moved to dismiss the suit, asserting that Fusco failed to timely perfect service. The trial court granted Tomlin’s motion, and Fusco appeals. For reasons that follow, we affirm.

The record shows that Fusco and Tomlin were involved in a two-car collision on February 4, 2000. Alleging that Tomlin negligently caused the collision, Fusco filed a complaint that was dismissed without prejudice on July 12, 2004. Although the record does not contain a copy of the original…