Scott v. Taylor

Judge Harold R. Banke.

One day before the expiration of the statute of limitation, Roy Scott III, filed an action for personal injuries on his own behalf and for Roy Scott IV, and Calvin Scott (collectively “Scott”). Scott’s complaint was not served on Grace Elizabeth Taylor until 32 days later. The trial court dismissed the action finding that Scott was guilty of laches for failing to use due diligence in obtaining service. Scott appeals. Held:

A trial court’s exercise of discretion in determining the diligence of a plaintiff in perfecting service after the five-day safe harbor provision of…