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Home / Opinion Digests / Civil Practice / Civil Practice – Service of Process – Pleadings Amendment – Statute of Limitations (access required)

Civil Practice – Service of Process – Pleadings Amendment – Statute of Limitations (access required)

Mims v. Babcock Center, Inc. Plaintiff filed her original complaint on May 29, 2007 but never served it. She filed an amended complaint on May 7, 2008 and served it on May 12, 2008. Reading S.C. Code Ann. § 15-3-20(B) and Rule 3(a), SCRCP, together, we find the trial court erred when it granted defendants’ motion to dismiss based on insufficiency of process and insufficiency of service of process, as well as lack of jurisdiction, and failure to prosecute.

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