The Court of Appeals recently issued its opinion in Allgood v. Gateway Health Sys., M2008-01779-COA-R3-CV (Tenn. Ct. App. Sept. 22, 2009). The Court held that the defendant waived the affirmative defense of insufficiency of service or process by failing to comply with Rule 8.03 of the Tennessee Rules of Civil Procedure.
Here's a link to the opinion:
This opinion is consistent with prior decisions from the Tennessee Supreme Court regarding affirmative defenses and Rule 8.03. See generally Brown v. Wal-Mart Discount Cities, 12 S.W.3d 785 (Tenn. 2000); George v. Alexander, 931 S.W.2d 517 (Tenn. 1996).
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