holding that an issue of fact precluded a summary judgment on statute-of-limitations grounds when, at the time of filing the complaint, the plaintiff indicated the intent to obtain service on two defendants, but failed to perfect service on those defendants until nearly six months after the complaint was filed
How later courts described this case
- holding that an issue of fact precluded a summary judgment on statute-of-limitations grounds when, at the time of filing the complaint, the plaintiff indicated the intent to obtain service on two defendants, but failed to perfect service on those defendants until nearly six months after the complaint was filed
- holding that the plaintiffs failure to “attempt to effect service at [the defendant’s] address” at the time the complaint was filed, “viewed objectively, evidence[d] a lack of the required bona fide intent to have [the defendant] immediately served”
- determining whether the evidence demonstrated that “at the time of filing the complaint” the plaintiff intended to serve various defendants
Written by the judges who cited it.
The opinion
For the reasons I stated in Ex parte Mobile County Department of Human Resources , [Ms. 1992252, May 25, 2001] ___ So.2d ___, ___ (Ala. 2001) (See, J., concurring specially), I concur.