Moreno v. Naylor

Miller, Chief Judge.

Violanda Moreno filed the underlying personal injury lawsuit against Loretta Diane Naylor six days before the expiration of the two-year statute of limitation, 1 but did not serve process on her until almost four months after the statute of limitation had run, and then only by publication. The trial court granted Naylor’s motion to dismiss on the ground that Moreno had not acted with the required diligence in effecting service. Moreno appeals, arguing (i) the exercise of due diligence as foreclosing dismissal, and (ii) due diligence as established by the trial court’s…