TUNEK v. WINDHAM

No. 2002-IA-01155-COA.

897 So.2d 186 (2004)

Francisco TUNEK and Miguel Lazano, Appellants v. Mike WINDHAM, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 14, 2004.

Certiorari Denied March 24, 2005.


Attorney(s) appearing for the Case

Shannon Smutzer McFarland, Paul Bryant Caston, Gulfport, attorneys for appellants.

Rance N. Ulmer, Bay Springs, attorney for appellee.

Before SOUTHWICK, P.J., MYERS and CHANDLER, JJ.


SOUTHWICK, P.J., for the Court.

¶ 1. Service of process on the defendants was untimely, but the trial court found that good cause for the delay existed. The defendants' appellate argument is that no good cause was ever shown for the eleven day delay in service. Permitting a suit to continue despite a delay in service is a matter for the sound discretion of the trial judge. We find no abuse of that discretion and affirm.

¶ 2. The merits of the litigation...

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