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Monday, July 28, 2014

Case Dismissed Due to Plaintiff's Counsel's Failure to Effect Proper Service of Process

The Court of Appeals issued its opinion today in Doyle v. Town of Oakland, No. W2013-02078-COA-R3-CV (Tenn. Ct. App. Jul. 28, 2014).  The summary from the opinion states as follows:
This is an appeal from a dismissal for improper service of process. The plaintiff filed a complaint against the defendant municipality. The summons and complaint were served on the municipality’s finance director. In its answer, the municipality asserted improper service of process for failure to serve either the municipality’s chief executive or its city attorney.  Later, the municipality filed a motion for summary judgment. The motion asserted that, because service of process was insufficient under Tenn. R. Civ. P. 4.04, the complaint was time-barred under the applicable statute of limitations. The trial court granted summary judgment in favor of the municipality. The plaintiff appeals. Discerning no error, we affirm.
Here is a link to the opinion:

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