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WINTERS v. GOINS

No. A98A1116.

509 S.E.2d 361 (1998)

235 Ga. App. 558

WINTERS et al. v. GOINS.

Court of Appeals of Georgia.

Reconsideration Denied December 3, 1998.

Attorney(s) appearing for the Case

Middleton, Mixson, Orr & Adams, Mark A. Tate, John T. Dufour, Savannah, for appellants.

Martin, Snow, Grant & Napier, Cubbedge Snow III, Thomas P. Allen III, Chambless, Higdon & Carson, Thomas F. Richardson, Macon, for appellee.

SMITH, Judge.

Merle and Ressie Winters appeal the trial court's order granting Harold Lee Goins's motion to dismiss for failure to timely perfect service. Because we conclude that the trial court failed to determine properly whether appellants used due diligence in serving their complaint, we vacate the trial court's order dismissing the action and remand this case for further proceedings consistent with this opinion.

On August 7, 1995, appellants filed a...

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