New Tennessee Supreme Court Opinion on the Saving Statute

On March 7, 2016, the Tennessee Supreme Court issued its opinion in Circle C Construction, LLC v. D. Sean Nilsen, No. M2013-02330-SC-R11-CV (Tenn. Mar. 7, 2016).  The summary from the majority opinion states as follows:

The issue we address is whether the savings statute applies to save an action that was filed within the extended statute of limitations set by a tolling agreement, was voluntarily nonsuited, and was refiled within one year, but after the extended statute of limitations in the tolling agreement. The trial court granted summary judgment, ruling that the case was not timely filed. The Court of Appeals affirmed, holding that the tolling agreement precluded application of the savings statute. We hold that the party filing the suit complied with the tolling agreement by filing the first suit within the extended statute of limitations set by the agreement. The savings statute applies to save the action; therefore, the refiled suit was timely filed. We reverse the decision of the Court of Appeals and remand this case to the trial court.

Here is a link to the majority opinion:

http://www.tncourts.gov/sites/default/files/circlecconstruction.opn_.pdf

Here is a link to Justice Kirby's opinion where She concurs in part and dissents in part:

http://www.tncourts.gov/sites/default/files/circlecconstruction.sepopn.pdf

NOTE: This is a good read for the Tennessee practitioner.