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Melissa Bailey and Mallory Ball Win Dismissal of Suit

August 2, 2019

Melissa Bailey and Mallory Ball recently won a motion to dismiss and a motion for reconsideration after oral arguments in the Superior Court of Paulding County.  Defense counsel argued on behalf of the insured that plaintiff failed to exercise due diligence in serving our client before the statute of limitations expired.  They also argued the trial court’s prior order, finding the amended complaint added a new party, should not relate back as the plaintiff failed to show the new party had notice of the suit within the statute of limitations.  The trial court determined that plaintiff did not carry her burden showing she acted in a reasonable and diligent manner in attempting service.  The trial court also granted the motion for reconsideration and dismissed the complaint.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.