The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Harmless Error Doctrine Extends to Rule 12.02(6) Motion

The Tennessee Court of Appeals recently released an opinion that provides a compelling insight into the sticky wicket of civil procedure. The facts of the case involve an otherwise pedestrian dispute between homeowners and their contracted buyer on one hand and an HOA on the other.  The ruling, however, ultimately touches on the joinder doctrine and the relation back rule, the harmless error...

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Later-Filed Claims May Be Barred When “Relation Back Rule” Doesn’t Apply

In the recent case of Bracy v. McDonald, the Tennessee Court of Appeals provide a refresher of how the “relation back rule” works under Tn. R. Civ. P. 15.03. Plaintiff Martin W. Bracey, Jr. was involved in a very serious car collision with a tractor trailer that occurred on August 31, 2012. Bracey suffered horrible injuries, including the loss of one arm, and subsequently filed a lawsuit on July...

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