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WHITTEN v. WHITTEN

No. 2005-CA-02031-COA.

956 So.2d 1093 (2007)

Thomas WHITTEN, Jr., Appellant v. Thomas WHITTEN, Sr., Appellee.

Court of Appeals of Mississippi.

May 22, 2007.

Attorney(s) appearing for the Case

William Chad Stelly, attorney for appellant.

William L. McDonough, Jr., Gulfport, attorney for appellee.

Before KING, C.J., CHANDLER and ISHEE, JJ.

CHANDLER, J., for the Court.

¶ 1. After the expiration of the statute of limitations, the Circuit Court of Hancock County dismissed Thomas Whitten, Jr.'s negligence action against his father, Thomas Whitten, Sr., for failure to serve process within 120 days as required by Rule 4(h) of the Mississippi Rules of Civil Procedure. Whitten, Jr. appeals, contending that he showed good cause for the failure to timely serve Whitten, Sr. Alternatively, Whitten, Jr. argues...

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