Copiah Cty. Sch. Dist. v. Buckner
Annotate this CaseAppellee Charles Buckner filed a personal-injury action against the Copiah County School District and Kenneth Funches. Appellee failed to serve process on either Defendant within the 120-day period provided by the state rules of civil procedure. After running the statute of limitations, Appellee moved for an extension of time to effect service of process. The trial court granted the motion, and allowed Appellee an additional 120 days to effect service. Appellee failed to serve Defendants under the second 120-day period. Defendants moved to set aside the extension granted to Appellee and moved to dismiss the case, but the trial court denied the motions. Defendants appealed to the Supreme Court, arguing that the trial court abused its discretion in granting Appellee two 120-day periods to effect service of process. The Supreme Court found that the statute of limitations had run before Appellee first asked for an extension of time. It ruled, therefore, that the trial court did abuse its discretion by granting the extension. The Court reversed the trial court, effectively dismissing Appellee’s case against Defendants.
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