Ginns

This appeal arises out of an order dismissing appellant’s action as to respondent.

Plaintiff, Grace Ginns, commenced an action against defendant Dr. Lincoln Shumate and others on July 21, 1972. Following several unsuccessful attempts to personally serve Dr. Shumate, plaintiff’s process server left a copy of the summons and complaint with the secretary at Dr. Shumate’s office on July 16, 1975. On the same day a copy of the summons and complaint was also mailed to Dr. Shumate.

On August 14, 1975, Dr. Shumate, by way of a special appearance, filed a motion to dismiss the action as to him. The motion alleged that he had not effectively been served within three years of the commencement of the action against him, pursuant to sections 581a and 415.20 of the Code of Civil Procedure. The court granted Dr. Shumate’s motion and denied a subsequent motion for reconsideration made by the plaintiff. An order of dismissal was then entered, whereupon plaintiff filed the instant appeal.

The sole issue here raised relates to the effectiveness of service of summons and complaint and the return of such service within the statutory period of time.

Though more than one “service” was…