DAVID TURNER, ET AL v. KARL KENDRICK, ET AL. v. DANNY ANDERSON, ET AL. - Articles

All Content


Posted by: Tanja Trezise on Apr 21, 2017

Court: TN Court of Appeals

Attorneys 1:

Joseph M. Barrett and Jordan B. Osborn, Dickson, Tennessee, for the appellants, Karl Kendrick and Stacey Kendrick.

Attorneys 2:

David A. Bates, Spring Hill, Tennessee, for the appellee, Cindy Garvey.

Judge(s): ARMSTRONG

This appeal arises from the dismissal of a third-party complaint, which was filed two years after the third-party plaintiffs filed its answer to the original complaint. The trial court found that the third-party plaintiffs failed to seek leave of the court to join the third party defendants as required by Tennessee Rule of Civil Procedure 14.01. The trial court also determined that the third-party plaintiffs failed to state a claim which would support the trial court granting leave to file a third-party complaint, and, accordingly, dismissed the Appellants’ third-party complaint. The third-party plaintiffs appealed. Discerning no error, we affirm.

Attachments: