Cristy Irene Fair v. Stephen Lynn Cochran

OPINION

in which GARY R. WADE, C.J., WILLIAM C. KOCH JR., and SHARON G. LEE, JJ., joined.

We granted this appeal to determine whether the return of proof of service of process 412 days after issuance of a summons precludes a plaintiff from relying upon the original commencement of the lawsuit to toll the running of the statute of limitations. We hold that the plain language of Tennessee Rules of Civil Procedure B and 4.03 does not condition the effectiveness of the original commencement to toll the statute of limitations upon the prompt return of proof of service. We reverse the judgment of the…