Hobbs v. Arthur

Beasley, Presiding Judge.

On November 8, 1988, Hobbs and Arthur were involved in an automobile collision. On November 6, 1990, Hobbs sued “Arthur Douglas Ficklen” for negligence. Plaintiff Hobbs did not perfect service on defendant until January 5, 1991. Defendant Arthur moved to dismiss the complaint, but before any ruling was made on the motion, plaintiff voluntarily dismissed his suit.

Within six months plaintiff filed a renewal action. This time he properly named “Douglas F. Arthur” as defendant. Defendant answered and moved for summary judgment. The court granted the motion on the bases…