Withrow v. Williams

In this appeal, the appellant, Dinah With-row, plaintiff below, challenges the August 28, 2003, order of the Circuit Court of Kana-wha County, West Virginia, dismissing her action against the appellee, Timothy Joe Williams, defendant below. The action was dismissed for failure to serve the summons and complaint within the time required under Rule 4(i) of the West Virginia Rules of Civil Procedure. The complaint was filed on August 12,1997, but was not served upon appel-lee Williams or the appellant’s underinsurance carrier until 2003.

Contending that it was error to dismiss the action,…