Gregory v. McCulley

OPINION

KOCH, Judge.

This interlocutory appeal requires us to decide whether a plaintiff may rely on the savings statute to toll the running of a statute of limitations when it fails to reissue process or to recommence an action within the time required by Tenn.R.Civ.P. 3. The Circuit Court for Sumner County determined that the plaintiffs could take advantage of the savings statute but granted the defendant permission to pursue an interlocutory appeal. We concur that an interlocutory appeal will prevent needless, expensive, and protracted litigation in this case. Since the defendant’s…