DAVID JONES v. MORTGAGE MENDERS, LLC, ET AL. - Articles

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Posted by: Landry Butler on Feb 21, 2018

Court: TN Court of Appeals

Attorneys 1:

Daniel J. Turklay, Nashville, Tennessee, for the appellant, David Jones.

Attorneys 2:

Todd E. Panther, Nashville, Tennessee, for the appellees, Victor Hazelwood and Advantage Title & Escrow, Inc.

Judge(s): SWINEY

This appeal concerns an effort to re-assert causes of action under the Savings Statute. In July 2006, David Jones (“Plaintiff”) filed an action in the Circuit Court for Davidson County (“the Trial Court”). On February 12, 2016, Plaintiff took a voluntary non-suit. On February 2, 2017, Plaintiff filed a purported complaint (“the February 2 Document”) attempting to re-assert his original claims, which featured his typewritten name rather than his handwritten signature. Victor Hazelwood and Advantage Title & Escrow, Inc. (“Defendants”) filed a motion for summary judgment, which the Trial Court granted. Plaintiff appealed. We hold that Plaintiff’s typewritten name qualified as his signature and that his filing, while quite deficient as a piece of legal writing, was not so deficient as to render it not a complaint in the first place. We reverse the judgment of the Trial Court.

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