Sheila Roberts on Behalf of Thomas Sam Edwards v. Nathan Hinkle, M.D.

This case involves a motion to dismiss for insufficiency of service of process and for
expiration of the statute of limitations. The plaintiff filed this health care liability suit
against a defendant physician. A process server went to the defendant’s office to serve
him, and after the process server was unable to locate the defendant, he served the summons
and complaint on an employee of the hospital where the defendant’s office was located.
The defendant answered the complaint and raised the defense that there was insufficient
service of process. More than a year after the complaint was filed, the defendant filed a
motion to dismiss. The trial court granted the defendant’s motion, finding that the plaintiff
failed to properly serve the defendant and that the statute of limitations had run on the
health care liability action. The plaintiff appeals. We affirm.