CRISTY IRENE FAIR v. STEPHEN LYNN COCHRAN - Articles

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Posted by: Tanja Trezise on Mar 30, 2012

Head Comment: With Dissenting Opinion

Court: TN Court of Appeals

Attorneys 1:

Michael S. Farley, Clinton, Tennessee, for the appellant, Cristy Irene Fair.

Attorneys 2:

Terrill L. Adkins, Knoxville, Tennessee, for the appellee, Stephen Lynn Cochran.

Judge(s): SWINEY

The Trial Court dismissed this case based upon its finding that although plaintiff’s Summons was issued the day she filed her Complaint, proof of service was not made to the clerk until 412 days later, and, because plaintiff had failed to comply with Tenn. R. Civ. P. 4, plaintiff was not entitled to rely on Tenn. R. Civ. P. 3 to toll the statute of limitations. Plaintiff appeals. We affirm.