Opinion:McBee v. Shanahan Home Design, 2021 OK 60
Subject matter:Tolling Period Under Court’s Emergency Covid-19 Orders
Date Decided:Nov. 16, 2021
Trial Court:District Court of Canadian County; Judge McCurdy
Route to this Court:Appeal of Order of Dismissal; Retained by Supreme Court. 
Facts:On November 19, 2019, Appellant Vickie McBee (“McBee”) filed separate lawsuits against multiple parties involved in the design and construction of her personal residence. On May 18, 2020, the Canadian County court clerk’s office issued summonses for both Biggs Backhoe and Shanahan Home.McBee served Biggs Backhoe on July 8, 2020, and Shanahan Home on July 16, 2020. Service was accomplished by certified mail, return receipt requested, delivery restricted to the addressee. Shanahan Home and Biggs Backhoe each filed special appearances, reserving additional time to answer McBee’s petition.Each defendant filed motions to dismiss McBee’s lawsuit. Biggs Backhoe’s motion raised several arguments, including that McBee failed to serve her petition and summons within 180 days, and therefore should be deemed dismissed as of May 19, 2020. Shanahan Home also raised several arguments, but noted that it would defer to the trial court’s judgment on whether the Covid-19 related administrative orders affected the time limit in § 2004(I). In response, McBee maintained that the joint SCAD orders suspended the period for service of process, and therefore dismissal was improper. The District Court dismissed the case. 
Standard of Review:De Novo
Analysis:From November 19, 2019, to March 15, 2020, a total of 117 days had expired, leaving McBee with 63 days to complete service under § 2004(I). When statutory deadlines resumed on May 16, 2020, McBee had until Saturday July 18, 2020 to complete service on the defendants. McBee served Biggs Backhoe on July 8, 2020, and Shanahan on July 16, 2020; therefore, both were served with the petition and summons in a timely manner, and it was error for the trial court to grant the defendants’ joint motion to dismiss based on a failure to serve within 180 days.
Outcome:Reversed and Remanded.
Vote:Darby, C.J., Kane, V.C.J., Kauger, Winchester, Edmondson, Gurich (author), Rowe, Kudehn, JJ.Combs, J., not participating. 
Other: Shanahan Home and Biggs Backhoe each filed special appearances, reserving additional time to answer McBee’s petition, then filed their motions to dismiss. Footnote 12 of the opinion does not squarely address the language of 12 O.S. § 2012(A)  but states:  “Thus, the distinction between a special or general appearance would now appear inconsequential, and ostensibly, any reservation of time “waives the defenses of paragraphs 2, 3, 4, 5, 6, and 9 of subsection B of [§ 2012].’”