SHEVEY & SPIRES v. AMER. MOTORS REALTY CORP.

21893

279 S.C. 58 (1983)

301 S.E.2d 757

DON SHEVEY & SPIRES, INC., Appellant, v. AMERICAN MOTORS REALTY CORPORATION and American Motors Sales Corporation, Respondents.

Supreme Court of South Carolina.

April 5, 1983.


Attorney(s) appearing for the Case

O. Linwood Perry, Jr., Charlottesville, Va., Arthur H. McQueen, Jr., of Cleveland, McQueen & Lehman, Spartanburg, for appellant.

R. Frank Plaxco, O. Doyle Martin and Jack H. Tedards, all of Leatherwood, Walker, Todd & Mann, Greenville, for respondents.


April 5, 1983.

NESS, Justice:

This is an appeal from the trial court's dismissal of an action without prejudice for plaintiff-appellant's failure to proceed in the cause. The appellant cannot reinstitute the action because the statute of limitations has run, and therefore contends the trial court erred in dismissing the action. We disagree and affirm.

Appellant served a Summons (Complaint Not Served) on July 15, 1976. After respondents timely demanded...

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