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Posted by: Amelia Ferrell Knisely on Jan 28, 2016

Court: TN Court of Appeals

Attorneys 1:

Garrett E. Asher and Jennifer C. Surber, Nashville, Tennessee, for the appellant, Aaron Acor d/b/a Vertical Metals.

Attorneys 2:

George R. Garrison, Sevierville, Tennessee, for the appellee, Greg Layman.

Judge(s): FRIERSON

This action was originally filed in general sessions court against three defendants and resulted in a judgment for the plaintiff. Two of the co-defendants appealed to circuit court. The remaining co-defendant successfully sought to have the general sessions judgment set aside for insufficient service of process. Thereafter, the general sessions court transferred the claim against the one remaining co-defendant to circuit court to be consolidated with the pending appeal filed by the other co-defendants. The plaintiff subsequently voluntarily dismissed the action. One co-defendant filed a motion to alter or amend, asserting that the circuit court should not have allowed the plaintiff to voluntarily nonsuit the action. The circuit court denied the motion, and the co-defendant timely appealed. Discerning no error, we affirm the circuit court’s judgment.