Terry Townsend v. David W. Little
Syllabus
The plaintiff and another individual, as co-personal representatives of an estate, filed a probate action, seeking declaratory relief and recovery of personal property concerning a vehicle that allegedly belonged to the estate. This action was voluntarily nonsuited without prejudice in December 2016. In November 2017, the plaintiff, in his individual capacity only, filed a complaint for declaratory relief and recovery of personal property, requesting that the vehicle be returned not to the estate but instead to the plaintiff. The defendants filed a motion to dismiss the plaintiff's 2017 complaint as being untimely. The Trial Court granted the defendants' motion to dismiss, finding that the plaintiff's individual action was not saved by the Tennessee savings statute, codified at Tennessee Code Annotated§ 28-1-105(a), and was, therefore, untimely. Discerning no error, we affirm.
Judges: Judge D. Michael Swiney
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18 cases in this archive are cited by this case.
- Webb v. Nashville Area Habitat for Humanity, Inc.Tennessee Supreme Court· 2011-07-21· cited 456×
- Givens v. Mullikin Ex Rel. McElwaneyTennessee Supreme Court· 2002-03-25· cited 229×
- Dobbs v. GuentherCourt of Appeals of Tennessee· 1992-10-21· cited 226×
- Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler JeepTennessee Supreme Court· 2011-12-15· cited 220×
- Brown v. Tennessee Title Loans, Inc.Tennessee Supreme Court· 2010-11-29· cited 153×
- Gunter v. Laboratory Corp. of AmericaTennessee Supreme Court· 2003-12-19· cited 95×
- Highwoods Properties, Inc. v. City of MemphisTennessee Supreme Court· 2009-07-27· cited 82×
- Goss v. HutchinsTennessee Supreme Court· 1988-03-28· cited 50×
- Smith v. Lincoln Brass Works, Inc.Tennessee Supreme Court· 1986-06-09· cited 47×
- SNPCO, INC. v. City of Jefferson CityTennessee Supreme Court· 2012-03-26· cited 38×
- Henley v. CobbTennessee Supreme Court· 1996-02-26· cited 38×
- Turner v. Aldor Co. of Nashville, Inc.Court of Appeals of Tennessee· 1991-11-20· cited 34×
- Burns v. Peoples Telephone & Telegraph Co.Tennessee Supreme Court· 1930-11-28· cited 28×
- Collier v. Greenbrier Developers, LLCCourt of Appeals of Tennessee· 2009-04-16· cited 27×
- Phillips v. General Motors Corp.Court of Appeals of Tennessee· 1984-01-05· cited 26×
- Edgar Foster, Individually and on Behalf of Wife, and Stanley Turner v. St. Joseph Hospital, Mahir R. Awdeh, M.D., Raj. C. Dave, M.D.Court of Appeals of Tennessee· 2004-07-30· cited 21×
- Energy Saving Products, Inc. v. CarneyCourt of Appeals of Tennessee· 1987-07-10· cited 16×
- General Accident Fire & Life Assurance Corp. v. KirklandTennessee Supreme Court· 1962-04-04· cited 15×
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