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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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Tennessee Survival Statute Still Confuses Practitioners

What do you do when a defendant dies before suit has been filed? The recent Tennessee Court of Appeals opinion in Putnam v. Leach reminds practitioners that the survival statute and the discovery rule are not the same thing. On February 2, 2015, Julia Putnam was injured in a motor vehicle accident with Bryane Litsinberger.  Exactly one year later, Ms. Putnam and her husband filed suit against...

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Statute of Limitations Bars Subrogation Claim in Car Wreck Case

The Tennessee Court of Appeals case State Farm Mutual Ins. Co. v. Blondin presents a clever (but unsuccessful) attempt to work around a statute of limitations defense. Background This action arises from an automobile accident that occurred on July 7, 2009. State Farm filed an action to recover amounts paid to its insured, Jenny Rone and a passenger in Ms. Rone’s vehicle under the uninsured...

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