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ROBINSON v. MITCHELL

No. 25912.

808 N.W.2d 123 (2012)

2012 S.D. 1

Jill ROBINSON formerly known as Jill Robinson-Kuchta, Plaintiff and Appellant, v. Michelle M. MITCHELL, Defendant, and Chelsey A. Ewalt, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 4, 2012.

Attorney(s) appearing for the Case

Wanda Howey-Fox of Harmelink, Fox & Ravnsborg Law Office, Yankton, South Dakota, Attorneys for plaintiff and appellant.

Larry M. Von Wald of Beardsley, Jensen and Von Wald, Prof LLC, Rapid City, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Jill Robinson and Chelsey Ewalt were involved in a car accident. Robinson sued Ewalt and attempted service of process a few days before the three-year statute of limitations expired, but Ewalt could not be located. Ewalt was eventually served almost one month after the statute of limitations had expired. Ewalt moved for summary judgment, and the circuit court granted Ewalt's motion. We reverse and remand.

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