Slone v. Mitchell

OPINION

CHARLES D. SUSANO, JR., J.,

delivered the opinion of the court,

in which D. MICHAEL SWINEY and SHARON G. LEE, JJ., joined.

This medical malpractice case focuses on the correct interpretation of Tenn. R. Civ. P. 3 as we attempt to ascertain whether this suit, filed pursuant to the saving statute, was pm-sued so as to “toll the running of [the] statute of limitations.” The trial court held that, since no process was issued within 30 days 1 of the filing of the plaintiff’s complaint and since the process that was eventually issued and later served on the defendants was not issued within one…