Watts v. Kroger Co.

OPINION

W. FRANK CRAWFORD, P.J., W.S.,

delivered the opinion of the court,

in which ALAN E. HIGHERS, J. and HOLLY KIRBY LILLARD, J., joined.

This is a personal injury case dismissed by the trial court as barred by the statute of limitation because it was filed more than one year after the first voluntary nonsuit. Plaintiff filed a motion to alter or amend the order of dismissal pursuant to Tenn. R. Civ. P. 59.04 and also filed a Tenn. R. Civ. P. 60.02 motion to set aside the orders of nonsuit as invalid. The trial court denied both motions, and plaintiff has appealed. We affirm.

Plaintiff-appellant…