United States Eleventh Circuit
Lepone-Dempsey v. Carroll County Comm'rs, 06-14042
In case alleging unlawful entry and search of plaintiffs' home without a warrant, dismissal of complaint for failure to timely serve defendants under Fed.R.Civ.P. 4(m) and denial of request for an extension of time to effect service are reversed as the dismissal was premature because it did not clearly consider whether a permissive extension of time was warranted.
Appellate Information
- Decided 02/02/2007
- Published 02/02/2007
Judges
- WILSON, Circuit Judge:, Before BIRCH, MARCUS and WILSON, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Leonard Danley, Danley & Associates, Douglasville, GA, for Plaintiffs-Appellants.
- For Appellees:
- Sheetul S. Wall, Andrew J. Whalen, III, Whalen & Westbury, LLP, Griffin, GA, for Defendants-Appellees.