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Stone v. Bellsouth Telecommunications9/14/2000
had defendant's counsel utilized the available rules of procedure. Needless to say, it appears inexcusable that that case languished in the court for approximately four years before it was voluntarily dismissed. However, we are dealing with the lawsuit filed July 21, 1998.
Plaintiff issued summons the date the suit was filed, and when it was not returned, he issued alias summonses within one year of the issuance of the original summons. This is authorized by the rules. See Tenn.R.Civ.P. 3.
Up to this point, plaintiff has prosecuted his suit within the time limits established by our rules. Thus, as to the present action we cannot say that the plaintiff has not diligently prosecuted his suit.
Accordingly, the order of the trial court dismissing the complaint is reversed, and the case is remanded to the trial court for such further proceedings as may be necessary. Costs of the appeal are assessed against the appellee, Bellsouth Telecommunications, Inc., and its surety.
W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
Page 1 2 Tennessee Personal Injury Attorneys
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