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Tuesday, May 10, 2022

Trial Court's Denial of Leave to Amend a Defendant's Pleading to Add a Cross-claim Reversed on Appeal

The Tennessee Court of Appeals has issued its opinion in Roach v. Moss Motor Co., Inc., No. M2021-00511-COA-R3-CV (Tenn. Ct. App. May 6, 2022). The syllabus from the slip opinion, which is short and sweet, reads: "The trial court denied a defendant’s motion to amend to include a cross-claim against another defendant. We reverse."

Here is a link to the opinion:

NOTE: If you are a civil procedure junkie like I am, this opinion is a little slice of heaven because it offers a great analysis of multiparty litigation via consolidation coupled with the amendment of pleadings, etc. It also offers up a rare look at the application of Tennessee Code Annotated section 28-1-114(a) (which sets the timeliness of a cross-claim, inter alia, on the timeliness of the (original) complaint filed in a civil action). Any lawyer who is handling any civil action in a Tennessee state court should read this opinion. 

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