Moore v. McCluskey

A trial court’s reaction to the plaintiffs request for an extension of time to serve one of three defendants resulted in the dismissal of the plaintiffs complaint. The plaintiff argues that the trial court abused its discretion in dismissing the action. We agree and reverse.

On July 9, 2002, the plaintiff filed a complaint against Edward H. McCluskey, William Barnett, and Paul Lovito for breach of fiduciary duty, breach of duty of loyalty, and fraud. On November 4, 2002, the plaintiff filed a motion for extension of time of 60 days to serve the complaint. He alleged that at least one defendant…