Estate of Carolyn A. Montgomery v. Daniel Kueter, M.D.

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 13, 2010 Session ESTATE OF CAROLYN A. MONTGOMERY v. DANIEL KUETER, M.D. Appeal from the Circuit Court for Hamilton County No. 08-C-102 W. Jeffrey Hollingsworth, Judge No. E2010-01219-COA-R9-CV - FILED JANUARY 26, 2011 We granted the application of Daniel Kueter, M.D. (“Defendant”) for a Tenn. R. App. P. 9 Interlocutory Appeal on the issue of whether the Trial Court erred in reinstating this case to its active docket after it had been dismissed without prejudice over a year earlier. We find and hold that although plaintiff was not…