Energy Saving Products, Inc. v. Carney

OPINION

FRANKS, Judge.

This interlocutory appeal presents the issue of whether T.C.A., § 28-1-1051 preserves unto the plaintiff a right to maintain *784a claim for fraud which was not included in the original action but not time-barred at the time of its voluntary dismissal, and more than three years had elapsed2 from the time of the alleged fraud prior to the filing of the instant action.

On January 26, 1982, plaintiff commenced an action against the defendant to recover a debt owed on an open account. After the defendant answered, denying he was personally indebted to plaintiff, on July 24, 1984…