Griffin

This is an appeal from a purported denial of a motion under section 473 of the Code of Civil Procedure to vacate a judgment of dismissal rendered for failure of plaintiffs’ attorney to effect service of summons on defendant within three years (Code Civ. Proc., § 581a). Plaintiffs are the driver and two passengers in an automobile who suffered personal injuries as a result of a multi-car accident occurring on April 9, 1960. Suit was instituted on April 7, 1961. In May 1965, defendant’s attorney filed a motion to dismiss for the reason that summons had not been served within the three years prescribed in section 581a of the Code of Civil Procedure. This section provides in part: “. . . and all such actions must be in like manner dismissed, unless the summons shall be served and return thereon made within three years after the commencement of said action, except ... no dismissal shall be had under this section as to any defendant because of the failure to serve summons on him during his absence from the State, or while he has secreted himself within the State to prevent the service of summons on him. . . .” (Italics added.) The motion was granted on May 14, 1965. Plaintiffs’ counsel…