Milton v. Goins
309 Ga. App. 865
Ga. Ct. App.2011Background
- Milton sues Goins for damages from a motor vehicle collision.
- Milton filed the complaint around August 7, 2009, nearly two years after the accident, triggering statute of limitations concerns.
- Milton attempted to serve Goins at a residence later claimed by Goins’s relatives to be his aunt’s home, where Goins did not reside.
- Goins contested service as invalid and moved to dismiss; Milton attempted a second service at Goins’s mother's home in January 2010.
- The trial court held Goins was not properly served and dismissed; Milton appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Goins validly served in August 2009? | Milton relied on attempted service at the aunt's home as valid. | Goins did not reside there; service was invalid. | No valid service; dismissal affirmed. |
| Did Milton act with diligence; is dismissal proper for lack of timely service (and laches)? | Milton acted diligently until Goins raised service issue; later lapse was excusable. | Affidavits lacked specificity; lapse after October 2009 showed lack of diligence. | Milton failed to demonstrate required diligence; laches supported dismissal. |
Key Cases Cited
- Bohorquez v. Strother, 287 Ga.App. 98 (2007) (insufficient service supported dismissal)
- Yelle v. U.S. Suburban Press, 216 Ga.App. 46 (1995) (service validity considerations on appeal)
- Montague v. Godfrey, 289 Ga.App. 552 (2008) (question of diligence is a factual determination)
- Duffy v. Lyles, 281 Ga. App. 377 (2006) (laches support for tolling statute of limitations)
- Jones v. Brown, 299 Ga.App. 418 (2009) (specific dates/details required to show diligence)
- Scanlan v. Tate Supply Co., 303 Ga.App. 9 (2010) (diligence standard; avoid conclusory statements)