Terry Townsend v. David W. Little Et Al.

The plaintiff and another individual, as co-personal representatives of an estate, filed a probate action, seeking declaratory relief and recovery of personal property concerning a vehicle that allegedly belonged to the estate. This action was voluntarily nonsuited without prejudice in December 2016. In November 2017, the plaintiff, in his individual capacity only, filed a complaint for declaratory relief and recovery of personal property, requesting that the vehicle be returned not to the estate but instead to the plaintiff. The defendants filed a motion to dismiss the plaintiff’s 2017 complaint as being untimely. The Trial Court granted the defendants’ motion to dismiss, finding that the plaintiff’s individual action was not saved by the Tennessee savings statute, codified at Tennessee Code Annotated
§ 28-1-105(a), and was, therefore, untimely. Discerning no error, we affirm.