Taylor v. SUPERIOR COURT IN & FOR CTY. OF MARICOPA

HAIRE, Judge.

The appellant-petitioners’ complaint alleging negligence on the part of the respondent-defendants was dismissed in the trial court in the grounds that the action was barred by the two year limitations statute (A.R.S. § 12-542). Although the complaint was admittedly filed one day before the expiration of the limitation period, the summons was not served upon the defendants until some nine months later. In the trial court’s memorandum opinion the reason for the delay in service is stated as follows:

“ * * * summons apparently misplaced after being issued and returned to office of…