Turner v. Aldor Co. of Nashville, Inc.

OPINION

KOCH, Judge.

This appeal concerns whether a plaintiff who refiles an action after taking a voluntary nonsuit may sue a party it did not sue in its original complaint but who had been impleaded as a third-party defendant. The defendant moved to dismiss on the ground that the claim was barred by the statute of limitations. After the Second Circuit Court for Davidson County denied the motion, the defendant filed an application for a Tenn. R.App.P. 9 appeal. We concur with the trial court’s conclusion that this is a proper case for an interlocutory appeal. Since the application and the…