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Thursday, February 06, 2014

New Health Care Liability Action Opinion: Saving Statute Extended in "Transitional Case" by Presuit Notice Being Given

Upon mandate from the Tennessee Supreme Court, the Tennessee Court of Appeals just issued its opinion in Johnson v. Floyd, No. W2012-00207-COA-R3-CV (Tenn. Ct. App. Feb. 6, 2014).  The summary from the opinion states as follows:
This case is before us upon mandate from the Tennessee Supreme Court for reconsideration of our previous opinion, Johnson v. Floyd, No. W2012-00207-COA-R3-CV, 2012 WL 2500900 (Tenn. Ct. App. June 29, 2012), in light of the Tennessee Supreme Court’s decision in Rajvongs v. Wright, --- S.W.3d ----, 2013 WL 6504425 (Tenn. 2013). Based on the Tennessee Supreme Court’s decision, we reverse the decision of the trial court and remand for further proceedings.
Here's a link to the slip opinion:

NOTE: In a nutshell, this opinion allowed a one-hundred-twenty-day extension to the saving statute because this case is a "transitional case."  This post, however, should be read in conjunction with my June 30, 2012 post to gain a better understanding of the issues at hand.

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