FREY v. JEFFERSON HOMEBUILDERS, INC.

Record No. 950949.

467 S.E.2d 788 (1996)

Michael B. FREY and Patricia A. Frey v. JEFFERSON HOMEBUILDERS, INC.

Supreme Court of Virginia.

March 1, 1996.


Attorney(s) appearing for the Case

Carter B. Foulds, Front Royal, for appellants.

Stephen K. Lewellyn (Davies & Barrell, on brief), Culpeper, for appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN and KOONTZ, JJ., and WHITING, Senior Justice.


WHITING, Senior Justice.

In this appeal, the primary issue is whether a statutory extension of the time for serving process applies to Rule 3:3. As pertinent, Rule 3:3 provides:

No judgment shall be entered against a defendant who was served with process more than one year after the commencement of the action against him unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on him.*

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