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DAVIS v. LUNCEFORD

0013

279 S.C. 503 (1983)

309 S.E.2d 791

William Paul DAVIS, Appellant, v. Emmett M. LUNCEFORD, Jr., M.D., Respondent.

Court of Appeals of South Carolina.

December 5, 1983.

Attorney(s) appearing for the Case

Francis T. Draine of Draine & McLaren, Columbia, for appellant.

Charles E. Carpenter, Jr., of Richardson, Plowden, Grier & Howser, Columbia, for respondent.

Dec. 5, 1983.

CURETON, Judge:

The issue in this medical malpractice action is whether the circuit judge erred in dismissing with prejudice appellant Davis's summons, without complaint, for failure to timely serve the complaint. We affirm the judgment of dismissal, and remand the action for the entry of an order of dismissal without prejudice.

The medical treatment giving rise to appellant's allegation of malpractice...

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