Walker v. Culpepper
321 Ga. App. 629
Ga. Ct. App.2013Background
- Accident occurred April 7, 2009; suit filed March 30, 2011.
- Walker unsuccessfully attempted service on April 2, 2011, and again May 2 and 4, 2011.
- Walker moved for service by publication claiming Culpepper evaded service and provided fraudulent address.
- Affidavits of diligent search attached; identical affidavits filed May 2011, September 2011, December 2011.
- Trial court denied publication service on December 27, 2011; Walker later served Culpepper February 2012.
- Culpepper raised laches and statute-of-limitations defenses; trial court granted summary judgment for Culpepper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walker’s failure to timely perfect service shows laches. | Walker | Culpepper | Yes; laches found; summary judgment affirmed. |
Key Cases Cited
- Milton v. Goins, 309 Ga. App. 865 (Ga. App. 2011) (due diligence required to toll statute; proof of diligence must be specific)
- McGhee v. Jones, 287 Ga. App. 345 (Ga. App. 2007) (trial court's laches discretion reviewed for abuse)
- Gaskins v. A. B. C. Drug Co., 183 Ga. App. 518 (Ga. App. 1987) (summary judgment appropriate on statute-of-limitations issue)
- Duffy v. Lyles, 281 Ga. App. 377 (Ga. App. 2006) (evidence must show diligence with specific acts and dates)