SHARON G. LEE, J., delivered the opinion of the Court, in which, CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined.
The issue presented in this interlocutory appeal is whether the plaintiff's suit for damages was timely filed. The plaintiff and the defendant were involved in a traffic accident on November 4, 2006. Within a year of the accident, on November 2, 2007, the plaintiff filed a civil warrant with the general sessions court clerk against the defendant driver and, erroneously, against herself, seeking damages for personal injuries and property damages. The warrant, although marked "filed," was not signed by the clerk, had no docket number or issuance date, and was not served on the defendants. Thereafter, on November 13, 2007, the plaintiff filed an "Amended Civil Warrant" against the defendant driver and the defendant owner of the vehicle, seeking damages for personal injuries and property damages. This warrant was properly signed by the clerk, had a docket number and an issuance date, and was served on the defendants. The defendants filed a motion to dismiss, asserting that the first warrant was not valid and that the second warrant had been filed outside the one-year statute of limitations for personal
On November 4, 2006, the vehicle owned and driven by the plaintiff, Martha Graham, was allegedly rear-ended by a vehicle driven by Clinton Caples and owned by Linda Caples. On November 2, 2007, the plaintiff filed a civil warrant with the general sessions court in Shelby County, seeking recovery for property damages and personal injuries against defendants Clinton Caples and Martha Graham arising from a collision occurring "on or about September 29, 2006[,] at approximately 10:00 p.m. at or near the intersection of Poplac [sic] and I-240 in Memphis." The warrant alleged that Clinton Caples was operating a vehicle owned by Linda Caples at the time of the collision and that his negligence caused the accident and the plaintiff's injuries. The warrant contained a general sessions court date stamp of November 2, 2007, but named Martha Graham as both the plaintiff and a defendant, did not contain the signature of the court clerk or the deputy clerk, a docket number, or an issuance date, and was never served on the defendants. A receipt from the court clerk shows that a check dated November 2, 2007 in the amount of $97.50 was received from the plaintiff's counsel on November 1, 2007.
On November 13, 2007, the plaintiff filed a document titled "Amended Civil Warrant" with the general sessions court clerk, naming as defendants Clinton Caples and Linda Caples and seeking recovery for property damages and personal injuries arising from a collision occurring "on or about November 4, 2006 at approximately 11:30 p.m. at or near the intersection of Elvis Presley and Whitaker in Memphis, Tennessee...." This second warrant, as did the first warrant, alleges that the collision was caused by the negligence of Clinton Caples, who was operating a vehicle owned by Linda Caples. This "Amended Civil Warrant" bears a handwritten docket number of 1249922, the signature of a deputy clerk of the general sessions court, a general sessions court "filed" stamp date of "2007 NOV 13," the notation that it was "[i]ssued this 14 day of Nov 2007," and a certification by the process server that it was served on defendants Clinton Caples and Linda Caples on December 3, 2007.
The defendants filed a motion to dismiss the plaintiff's cause of action, asserting that it was not timely filed based on the statute of limitations that requires an action for personal injury be filed within one year of the accrual of the cause of action. Tenn.Code Ann. § 28-3-104(a)(1) (2000). Attached to the motion to dismiss was a
In the circuit court, the defendants filed a motion to dismiss based on the plaintiff's failure to file her cause of action within the time allowed under the statute of limitations. The motion stated that "[a]nother Civil Warrant was prepared and stamped `filed' in the General Sessions Court on November 2, 2007, and titled Martha Graham vs. Clinton Caples and Martha Graham" but that "that Summons was not issued and there was no docket number assigned."
The defendants' motion to dismiss was granted as to defendant Linda Caples, who was not named as a defendant in the first warrant, and denied as to defendant Clinton Caples. Defendant Clinton Caples was granted leave to pursue an interlocutory appeal to the Court of Appeals. The Court of Appeals denied the request for an interlocutory review. On appeal to this Court, pursuant to Tennessee Rule of Appellate Procedure 9(c), we granted Mr. Caples permission to file an interlocutory appeal and now address the issue of whether a civil action in general sessions court is commenced for the purposes of tolling the statute of limitations when the original civil warrant is filed with the court clerk but is never issued by the clerk.
The original civil warrant in this case, erroneously styled "Martha Graham v. Clinton Caples and Martha Graham," was filed in the general sessions court within one year of the accident on November 2, 2007, along with the requisite number of copies for service and a check for the filing fees. A court clerk stamped the original and copies of the warrant as filed "2007 Nov 2 P 3:28" and issued a receipt for $97.50 that sets forth the style of the case, the amount of $97.50, the check number of the tendered check, the name of the payor (the plaintiff's attorney, Louis Chiozza) and states "Service Requested by PDQ Service Process." The civil warrant was not assigned a docket number, the issuance date was not noted, and it was not issued and signed by the clerk or a deputy clerk of the general sessions court. The trial court determined that this civil warrant was not effective to commence the plaintiff's action. We review the trial court's decision de novo with no presumption of correctness because it is a question of law. Madden v. Holland Grp. of Tenn., Inc., 277 S.W.3d 896, 898 (Tenn.2009).
Procedural matters in general sessions courts are governed by Title 16 of the Tennessee Code.
We must construe the language of these two statutes to determine when a cause of action commences in the general sessions courts for purposes of tolling the statute of limitations. The primary objective of statutory construction is to determine the intent of the legislature and give effect to that intent. Walker v. Sunrise
Both sections 16-15-710 and 16-15-716 relate to the time that a civil action is commenced. The first section provides that a case is commenced upon the "suing out of a warrant," and the latter section provides that a case is commenced when the warrant is "issued by the clerk." While the precise meaning of the term "suing out" is not clear, the term "issue" has a plain and ordinary meaning which is "to send out or distribute officially," Black's Law Dictionary 836 (7th ed. 1990), "a sending or giving out; putting forth." Webster's New World Dictionary of the American Language 778 (1966). "Generally, to issue process means to deliver it to an officer charged by law with its service." 72 C.J.S. Process § 6 (2010). To construe "suing out" to mean nothing more than filing the warrant with the court clerk would be to give the term such a limited construction as to create a conflict between the two code sections and breach the rule that statutes in apparent conflict should be construed to be in harmony. Had the legislature intended that "suing out" be given the limited meaning of "filed," clearly the legislature would not have provided in section 16-15-716 that a case is commenced when the warrant is issued by the clerk. Commenting on the predecessor statute to 16-15-710, section 16-1135, in General Electric Supply Co. v. Arlen Realty & Development Corp., 546 S.W.2d 210 (Tenn.1977), this Court indicates that the term "suing out" means something more than "filing" and that this distinction results in the imposition of a heavier burden on parties to a suit in a general sessions court:
Id. at 214 n. 4. Further, while "suing out" is a broad and general term, susceptible to various definitions in the context of section 16-15-710, the definition of "issued" considered in its statutory context is specific and limited and, therefore, the former must bow to the latter under the rule that a specific statutory provision shall be given effect over a conflicting general provision.
As a final matter, the plaintiff argues that the defendant waived the statute of limitations as a defense because, upon appeal to the circuit court, he did not raise such defense in his initial pleading in that court. The defendant's initial pleading in his appeal to the circuit court was a demand for jury that did not assert the statute of limitations as a defense. The plaintiff cites Rule 8.03 of the Tennessee Rules of Civil Procedure, which provides that "[i]n pleading to a preceding pleading, a party shall set forth affirmatively facts in short and plain terms relied upon to constitute... statute of limitations ... and any other matter constituting an affirmative defense." We find no merit in this argument. While the Rules of Civil Procedure are applicable where pertinent to cases appealed from the general sessions court to the circuit court, "the Rules do not require the filing of written pleadings, issuance of new process, or any other steps which have been completed prior to the appealing of the case to the circuit court." Vinson v. Mills, 530 S.W.2d 761, 765 (Tenn.1975) (emphasis added). The defendant's original motion to dismiss filed in the general sessions court requested dismissal upon assertion that "the statute of limitations had expired." He was not required to re-plead this defense in his initial pleading on appeal to the circuit court.
We hold that because the warrant filed on November 2, 2007, was not issued by the court clerk, the plaintiff failed to commence her cause of action for personal injuries within the time allotted under the statute of limitations. Therefore, the judgment of the circuit court is reversed to the extent that it denies the motion to dismiss as to the defendant, Clinton Caples, with respect to the plaintiff's claim for personal injuries. The plaintiff's claim for property damage set forth in the November 13, 2007 civil warrant was timely filed against the defendants within the three-year statutory period. Therefore, the motion to dismiss the plaintiff's cause of action against Clinton Caples for property damage based on the expiration of the statute of limitations was properly denied and accordingly, to that extent, the judgment of the circuit court is affirmed and the case is remanded to the circuit court for further action in that regard. Costs on appeal are assessed equally against Clinton Caples and Martha Graham and their respective sureties, for which execution may issue if necessary.