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CANTRELL v. HUMANA OF TENNESSEE, INC.

617 S.W.2d 901 (1981)

Willard P. CANTRELL and wife, Mrs. Willard P. Cantrell, Plaintiffs-Appellees, v. HUMANA OF TENNESSEE, INC., and Gibson General Hospital, Defendants-Appellants.

Court of Appeals of Tennessee, Western Section.

Permission to Appeal Denied June 29, 1981.

Attorney(s) appearing for the Case

Hewitt P. Tomlin, Jr., Waldrop, Hall, Tomlin & Farmer, Jackson, for defendants-appellants.

Jere B. Albright, Humboldt, for plaintiffs-appellees.

Permission to Appeal Denied by Supreme Court June 29, 1981.

MATHERNE, Judge.

The issue is whether, under the facts, an order of voluntary nonsuit can be entered nunc pro tunc to start the one-year period for refiling the lawsuit at the earlier date. The trial court refused to so apply the nunc pro tunc order, and the defendants have been granted a discretionary appeal on that issue.

The plaintiffs sue for damages due to personal injuries...

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