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Friday, September 02, 2016

New Saving Statute Case: Plaintiff's Lawsuit Dismissed Because It Was Refiled for a Second Time More Than One Year from First Voluntary Dismissal

The Tennessee Court of Appeals recently issued its opinion in Greenwood v. Nat'l Dentex Corp., No. W2015-01889-COA-R3-CV (Tenn. Ct. App. Aug. 30, 2016).  The syllabus from the slip opinion states as follows:
This is a saving statute case, Tennessee Code Annotated Section 28-1-105. The trial court dismissed Appellant’s third product-liability case, which was filed within one year of the dismissal of her second lawsuit, but more than one year after the entry of the initial nonsuit in Appellant’s first lawsuit. Discerning no error, we affirm.
Here is a link to the slip opinion: 

As my good friend Donald Capparella says: "Nonsuits are tricky."  They certainly are!

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