JUDY DOTSON MCCONNELL, ET AL. v. PAT FULLER, ET AL. (Tenn. Ct. App. February 15, 2011)
In September of 2009, Judy Dotson McConnell and Jerry Dotson ("Plaintiffs") sued Pat Fuller, John Fuller, and Lela Dotson Gravett ("Defendants") alleging, in relevant part, that the Last Will and Testament of Clarence E. Dotson, which was offered for probate in May of 2003, was a fraudulent will. Defendants filed a motion to dismiss for failure to state a claim upon which relief may be granted alleging that the statute of limitations barred Plaintiffs' claim.
After a hearing, the Trial Court entered its order on February 16, 2010 finding and holding, inter alia, that Plaintiffs' lawsuit was not filed within the statute of limitations and that Plaintiffs failed to "allege facts which would bring into play fraudulent concealment," which would have tolled the statute of limitations. The Trial Court dismissed Plaintiffs' suit. Plaintiffs appeal to this Court. We affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/mcconnellj_021511.pdf
