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Wednesday, August 27, 2008
Delay in Serving Summonses Causes Dismissal of WD Case
The Court of Appeals just held that a wrongful death claim was barred by the statute of limitations because the plaintiffs waited eleven months to serve summonses upon the defendants. This delay was a deliberate decision by the plaintiffs. The Court of Appeals held that the plaintiffs intentionally caused a delay of prompt service of the summonses, which violates the Rules of Civil Procedure. See Tenn. R. Civ. P. 4.01(3).
The case is Estate of Butler v. Lamplighter Apartments, No. M2007-02508-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2008).