LISA DOYLE v. TOWN OF OAKLAND - Articles

All Content


Posted by: Tanja Trezise on Jul 28, 2014

Court: TN Court of Appeals

Attorneys 1:

James R. Becker, Jr., Memphis, Tennessee, for the Plaintiff/Appellant Lisa Doyle.

Attorneys 2:

John D. Burleson, V. Latosha Dexter, and A. Blake Neill, Jackson, Tennessee, for the Defendant/Appellee Town of Oakland.

Judge(s): KIRBY

This is an appeal from a dismissal for improper service of process. The plaintiff filed a complaint against the defendant municipality. The summons and complaint were served on the municipality’s finance director. In its answer, the municipality asserted improper service of process for failure to serve either the municipality’s chief executive or its city attorney. Later, the municipality filed a motion for summary judgment. The motion asserted that, because service of process was insufficient under Tenn. R. Civ. P. 4.04, the complaint was time-barred under the applicable statute of limitations. The trial court granted summary judgment in favor of the municipality. The plaintiff appeals. Discerning no error, we affirm.

Attachments: