Kathy Clark vs. Randall McClung

Due to plaintiffs' failure to file an alias summons within one year of the date the original complaint and summons were filed, the Circuit Court granted defendant's Motion to Dismiss for plaintiffs' failure to Comply with Rule 3, Tenn. R. Civ. P. Plaintiffs appealed asserting the error was due to the Circuit Court Clerk's refusal to file the alias summons and that the trial court abused its discretion in dismissing the case. We affirm the judgment of the trial court.