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DUKE v. BUICE

No. A00A2463.

547 S.E.2d 561 (2001)

249 Ga. App. 164

DUKE et al. v. BUICE.

Court of Appeals of Georgia.

Reconsideration Denied April 12, 2001.

Certiorari Denied September 10, 2001.

Attorney(s) appearing for the Case

William D. Patten, Jr., Stockbridge, William R.L. Latson, Jonesboro, for appellants.

Husser & Frazier, Genevieve L. Frazier, Swift, Currie, McGhee & Hiers, Timothy C. Lemke, Atlanta, for appellee.

PHIPPS, Judge.

Harold and Claudia Duke sued Tina Buice for damages arising out of an automobile collision. The trial court granted Buice's motion to dismiss the action for failure of the Dukes to timely serve Buice. On appeal, the Dukes contend that Buice waived the defense of insufficient service of process by failing to present it in her answer and that notorious service of process was effectively performed upon Buice. We find that Buice adequately raised the issue...

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