Bradley Dyer v. Hudson Haven

Following an automobile accident, the plaintiff sued the other driver and the plaintiff’s own uninsured motorist carrier. The plaintiff, however, failed to properly serve the other driver. After learning of this failure to serve the other driver, the uninsured motorist carrier sought dismissal. In response to the motion to dismiss, the plaintiff requested an enlargement of time in which to serve the other driver under Tennessee Rule of Civil Procedure 6.02. The trial court, finding the failure to serve constituted excusable neglect, granted the enlargement of time and consequently denied the motion to dismiss. The trial court and this court, however, granted the uninsured motorist carrier’s application for permission to appeal under Tennessee Rule of Appellate Procedure 9. We conclude the trial court misapplied the four-factor excusable neglect test and, accordingly, erred in granting the enlargement of time and denying the motion to dismiss.