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 October 2005 - Motion to Dismiss on Statute of Limitations Affirmed As a result of an automobile accident, suit was filed against the Defendant driver two days before the running of the statute of limitations. When the original Complaint was not properly served, the Plaintiff did not perfect the service until nine months later. In the interim, the Defendant died. The Trial Court granted Defendant's Motion to Dismiss. Though the lawsuit was timely filed, the Court reasoned that the Plaintiff had not "commenced" her lawsuit within the statute of limitations. On appeal, the Court of Civil Appeals affirmed the Trial Court's ruling. After granting the Plaintiff's writ for Certiorari, the Alabama Supreme Court quashed the Write, affirming the ruling of the Trial Court and the Court of Civil Appeals. The case was defended by Jim Rives and Emily Marks.
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