Don Shevey & Spires, Inc. v. American Motors Realty Corp.

Ness, Justice:

This is an appeal from the trial court’s dismissal of an action without prejudice for plaintiff-appellant’s failure to proceed in the cause. The appellant cannot reinstitute the action because the statute of limitations has run, and therefore contends the trial court erred in dismissing the action. We disagree and affirm.

Appellant served a Summons (Complaint Not Served) on July 15, 1976. After respondents timely demanded a complaint, appellant requested and was granted an extension of time.

Appellant then delayed fifteen months in filing the Summons, despite S. C. Code Ann. §…