Forsythe v. Gay

Judge Harold R. Banke.

Enumerating three errors, Daniel Wesley Forsythe appeals the dismissal of his suit against Annie Ray Gay.

The following facts are undisputed. Forsythe and Gay were involved in an automobile accident on October 15, 1993. As the statute of limitation was about to expire, Forsythe filed suit against Gay, with an entry of service entered the next day on Gay’s daughter, Mil*603dred Spradlin, who lived next door.1 Gay, however, was never served with a copy of the suit, and in her amended answer, she raised the issue of insufficiency of service of process. On that basis, the trial…