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Friday, November 05, 2021

New Case on Service of Leading Process: Trial Court's Dismissal of Plaintiff's Lawsuit Due to Counsel's Intentional Delay in Effecting Service Upheld on Appeal

The Tennessee Court of Appeals has issued its opinion in Bridges v. Roth, No. W2020-01508-COA-R3-CV (Tenn. Ct. App. Nov. 5. 2011).  The syllabus reads:  

This appeal involves a Tennessee Rule of Civil Procedure 4.01(3) summons issue. The trial court granted defendant’s motion to dismiss after finding that plaintiff intentionally delayed the issuance of the summons for the complaint in contradiction to Rule 4.01(3) of the Tennessee Rules of Civil Procedure. Plaintiff appeals. We affirm. 

Here is a link to the opinion:

NOTE: This opinion accentuates the fact that filing a complaint on time is 1(a) and effecting service of leading process os 1(b).  Both are so important.  

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