Robert G. Crabtree, Jr., et al vs. Jennifer L. Lund - Concurring

Case Number
E2009-01561-COA-R3-CV

I concur in the decision to vacate the judgment of the Trial Court. I agree that Tenn. R. Civ. P. 4.01(3) controls the outcome of this appeal. I further agree that the issue in this case is whether Plaintiffs intentionally caused the delay in the prompt service of the summons. I further agree that the record before us shows that Plaintiffs did make at least some attempts to serve Defendant. This being so, I agree that Defendant did not meet her burden of showing that Plaintiffs intentionally delayed service of the summons.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Judge Thomas J. Seeley
Case Name
Robert G. Crabtree, Jr., et al vs. Jennifer L. Lund - Concurring
Date Filed
Dissent or Concur
No