HENRIETTE M. FISHER v. CHANDRANITA M. ANKTON - Articles

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Posted by: Tanja Trezise on May 6, 2015

Court: TN Court of Appeals

Attorneys 1:

Rachael E. Putnam, Memphis, Tennessee, for the appellant, Henriette M. Fisher.

Attorneys 2:

William M. Jeter, Memphis, Tennessee, for the appellee, Chandranita M. Ankton.

Judge(s): STAFFORD

Plaintiff filed suit against defendant alleging negligence resulting in an automobile accident. Plaintiff procured issuance of multiple summonses, but did not return the final summons within ninety days after its issuance. Defendant filed a motion to dismiss asserting insufficiency of process, insufficiency of service of process, and expiration of the statute of limitations. The trial court granted defendant?s motion and concluded that Tennessee Rules of Civil Procedure 3 and 4.03 required dismissal when a plaintiff failed to file a return of proof of service within ninety days. Based on this finding, the trial court also concluded that plaintiff had intentionally delayed service. We reverse in part, vacate in part, and remand.

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