WATTERS v. STRIPLING

No. 93-CA-00446-SCT.

675 So.2d 1242 (1996)

Barbara P. WATTERS and E. Robert Watters v. Dr. John R. STRIPLING, III.

Supreme Court of Mississippi.

June 13, 1996.


Attorney(s) appearing for the Case

Anthony W. Skidmore, New Orleans, LA; Joseph P. Hudson, Hudson Smith & Alfred-Midcalf, Gulfport, for Appellant.

Roger T. Clark, Bryant Clark Dukes Blakeslee Ramsay & Hammond, Gulfport, for Appellee.

Before SULLIVAN, P.J., and PITTMAN and BANKS, JJ.


BANKS, Justice, for the Court:

In this matter, we consider whether an action is properly dismissed if service is not effectuated within 120 days after filing, absent good cause. We conclude that Rule 4(h) requires a dismissal without prejudice. We also conclude that filing a complaint tolls the statute of limitations, but that, if service is not made upon the defendant within the 120-day service period of Rule 4(h), the clock begins to run again at the end of the...

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