Mims v. Babcock Center

Margaret Mims (Mims), as guardian ad litem for her son Edward, filed a complaint against the Babcock Center and others alleging Edward sustained physical injuries and was mistreated while under their care. The circuit court dismissed the complaint based on issues related to timeliness of service and the application of S.C. Code Ann. 15-3-20(B) (2005). Mims appealed. After review of the trial court record, the Supreme Court reversed and remanded. The Court concluded the trial court erred in finding Mims's amended complaint should have been dismissed for failure to serve it within 120 days of filing the original complaint. Moreover, the Court agreed with Mims that, contrary to Defendants' assertion, Rule 15(a), SCRCP does allow the filing and service of an amended complaint without leave of court, even if the original complaint has not been served, because a party may amend her pleadings once without leave of court before a responsive pleading is served, and no responsive pleading had been served by Defendants prior to Mims's service of the amended complaint. To the extent the trial court found an alleged absence of proper service resulted in a lack of personal and subject matter jurisdiction and a failure to prosecute, the Court reversed these findings as they were premised on the perceived error regarding service. View "Mims v. Babcock Center" on Justia Law