Betty J. Nash vs. G.L. Waynick

This appeal involves a dispute over the sale of a single family home in DeKalb County. The purchaser filed suit in the Circuit Court for DeKalb County alleging that the seller had violated the Tennessee Consumer Protection Act and the Tennessee Residential Property Disclosures Act. More than two years after the first two summonses were returned unserved, the purchaser caused a third summons to be issued that was served on the seller. The trial court entered a $27,000 default judgment against the seller on June 21, 2000, after concluding that the seller had been properly served and had presented no defenses to the purchaser's claims. On this appeal, the seller, who has been representing himself throughout these proceedings, asserts that he did not violate either the Tennessee Consumer Protection Act or the Tennessee Residential Property Disclosure Act and that the trial court erred by not considering his statute of limitations defense. We have determined that the purchaser's suit is time-barred for failure to comply with Tenn. R. Civ. P. 3. Therefore, we reverse the judgment and remand the case with directions that the purchaser's complaint be dismissed.