APPELLATE COURT OPINIONS

This case involves a divorce ending a marriage of short duration. The General Sessions Court of Lebanon, Tennessee granted the divorce to both parties, dividing the marital property between them, and ordering the husband to pay $100 per month in rehabilitative alimony for fourteen years. The husband appealed, arguing that the trial court erred in dissolving the parties' marriage without reference to fault, in its division of marital property, and in ordering the payment of alimony. The wife appealed the trial court's refusal to grant her claim for attorney fees.

The issue in this appeal is whether the Tennessee savings statute1operates to save a medical malpractice action which was initially filed within the three-year statute of repose, but which was voluntarily dismissed and refiled beyond the three-year statute of repose.2 We hold that it does. The judgment of the Court of Appeals is reversed and the cause remanded to the trial court.

This is an appeal by defendant, J.M.D. Bransford, from the trial court's granting of the motion for summary judgment of plaintiff, First American National Bank (Bank), and resulting judgment in the bank's favor on a promissory note made by defendant Bransford as a co-maker.