Parks v. Jacobs

NEBEKER, Associate Judge.

This is an appeal from an order dismissing a complaint in a personal injury action for failure to diligently prosecute by obtaining timely service of process.1 We affirm the dismissal as a reasonable exercise of discretion since appellant was in possession of information sufficient to locate appellee at the time he filed the complaint but supplied an improper address, and because he waited almost three (3) years thereafter before again attempting to obtain service.

The cause of action arose out of an accident which occurred on December 21, 1962. The complaint was filed…