Snell v. Leffew

OPINION

SANDERS, Judge.

The question on this appeal is whether or not the Trial Court can, under Rule 60 of the Tennessee Rules of Civil Procedure, make an order of non-suit retroactive from the date the order was filed with the clerk and thereby bring into play the statute of limitations to bar a subsequent suit on the same cause of action.

The Plaintiffs-Appellants, Arthur Snell and wife, Ethelyn Snell, filed their original suit against the Defendants-Appellees, James F. Leffew and Roy F. Leffew, Jr., in the Circuit Court of Roane County some time prior to January 9,1975. The suit was for…