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BERGQUIST v. MAGALSKI

No. 50, September Term, 1987.

314 Md. 646 (1989)

552 A.2d 904

REBECCA L. BERGQUIST ET AL. v. IRENE R. MAGALSKI, PERS. REP. OF THE ESTATE OF EDWARD MAGALSKI.

Court of Appeals of Maryland.

February 7, 1989.

Attorney(s) appearing for the Case

Eugene B. Connor, Jr. (Harvey A. Kirk and Saiontz & Kirk, P.A., on the brief), Baltimore, for appellants.

Burton H. Levin (Robert H. Bouse, Jr. and Anderson, Coe & King, on the brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

COLE, Judge.

In this case we are asked to decide whether the three year statute of limitations (Md.Cts. & Jud.Proc.Code Ann. § 5-101 (1974, 1984 Repl. Vol., 1988 Cum.Supp.)) was tolled by the filing of a complaint against a deceased defendant, where the plaintiff relied on an incorrect docket entry indicating that the defendant had been served, when in fact service on the defendant was returned mortuus est. We set forth the facts which give rise to...

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