Neely v. Jones

Mikell, Judge.

Quinton Neely appeals from the trial court’s order dismissing his personal injury action against Norman Jones based upon his failure to exercise due diligence in serving Jones after the expiration of the statute of limitation. Because we find no merit in Neely’s assertion that the trial court abused its discretion by granting the motion to dismiss, we affirm.

The record shows that Neely filed suit against Jones in DeKalb County Superior Court on October 4, 2001,13 days before the statute of limitation expired. The day before the statute of limitation expired, the sheriffs…