Fair v. Cochran
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The issue for the Supreme Court's review in this matter centered on whether the return proof of service 412 days after issuance of the summons precluded a plaintiff from relying upon the original commencement of the lawsuit to toll the running of the statute of limitations. The Court concluded that the plain language of Tennessee Rules of Civil Procedure 3 and 4.03 did not condition the effectiveness of the original commencement to toll the statute upon prompt return of proof of service. The Court reversed the Court of Appeals who affirmed the trial court in dismissing the plaintiff's lawsuit. The case was remanded to the trial court to determine whether service of process took place within ninety days of the summons. If so, plaintiff could then rely on the original commencement of the suit to toll the statute of limitations.
Court Description: Authoring Judge: Justice Cornelia A. Clark
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