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Tuesday, December 02, 2008

New Saving Statute Case

Talk about dodging a bullet!! Whew!

Plaintiff in this case originally filed suit in general session court and then voluntarily dismissed her lawsuit. Plaintiff's counsel sent two orders dismissing the case, one via facsimile and the other via U.S. mail. The judge signed both orders and both orders were entered by the clerk. However, only the order that was sent via U.S. mail, which was entered AFTER the order that was sent via facsimile, was returned to Plaintiff's counsel. Plaintiff's counsel relied upon the order he received for purposes of refiling the lawsuit under the saving statute, Tennessee Code Annotated section 28-1-105. The second lawsuit was refiled in circuit court. The trial court dismissed it as being time-barred under 28-1-105. The Court of Appeals reversed.

The case is styled Williams v. Cliburn, No. M2007-01763-COA-R3-CV (Tenn. Ct. App. Dec. 1, 2008). Here's the link to the opinion:

P.S. Please note the precedential value of the case, which is noted in footnote 1 on page 2 of the slip opinion.

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