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Posted by: Tanja Trezise on Jan 3, 2013

Court: TN Court of Appeals

Attorneys 1:

Michael R. Giaimo, Cookeville, Tennessee, for the appellant, Alisa Leigh Elidridge

Attorneys 2:

Craig P. Fickling, Cookeville, Tennessee; John R. Officer, Livingston, Tennessee, for the appellee, Lee Savage

Judge(s): HIGHERS

This case involves the sale of a home in 1994. The purchaser and her husband filed a complaint against the seller, alleging that they discovered extensive fire damage to the home in 2010. The complaint alleged misrepresentation, mistake, and violation of the Tennessee Consumer Protection Act. The trial court granted the seller’s Rule 12 motion to dismiss on the basis that the claims were barred by various statutes of limitations, as the trial court found that the discovery rule was inapplicable. We find that the allegations in the complaint were sufficient to survive a Rule 12 motion to dismiss, as they implicate the discovery rule and the doctrine of fraudulent concealment. Therefore, we reverse in part the order of dismissal, to the extent that the purchaser’s claims were dismissed on the basis of the statutes of limitations, and we remand for further proceedings. We affirm in part the portion of the trial court’s order that addressed a separate issue, as that ruling was not challenged on appeal.