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TURNER v. ALDOR CO. OF NASHVILLE, INC.

827 S.W.2d 318 (1991)

Timothy W. TURNER, Plaintiff/Appellee, v. ALDOR COMPANY OF NASHVILLE, INC., Defendant, and Overhead Door Corporation and Indiana Corporation, a/k/a Dallas Corporation, Defendants/Appellants.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Application for Permission to Appeal Denied March 16, 1992.

Attorney(s) appearing for the Case

John Philip Long, Nashville, for defendant Aldor Co.

Thomas Marion Pinckney, Nashville, for Overhead Door Corp.

W. Kennerly Burger, Murfreesboro, for Timothy Turner.

Application for Permission to Appeal Denied by Supreme Court March 16, 1992.

OPINION

KOCH, Judge.

This appeal concerns whether a plaintiff who refiles an action after taking a voluntary nonsuit may sue a party it did not sue in its original complaint but who had been impleaded as a third-party defendant. The defendant moved to dismiss on the ground that the claim was barred by the statute of limitations. After the Second Circuit Court for Davidson...

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