Detinue Case Dismissal Options

Summary

After a detinue case dismissal in Tennessee, you can appeal the decision, refile if dismissed without prejudice, or negotiate with the other party. Appeals involve reviewing for legal errors without new evidence and can take months. If you failed to enter an affidavit, refiling may be an option. Generally, you have one year from the dismissal date to refile. For ownership of personalty purchased from a decedent, Tennessee laws like TCA § 30-2-317 and TCA § 30-2-605 may apply. Always consult a legal professional for personalized advice.

Full Conversation

What happens if i appeal it
If you appeal the dismissal of your detinue case in Tennessee:
- The appellate court will review the case for legal errors.
- No new evidence can be presented.
- The process could take several months.
- Seek legal advice before proceeding.
Which is the best option if i failed to enter an affadavit
If you failed to enter an affidavit in Tennessee:
*. You may refile the case if the dismissal was without prejudice.
*. Consult with a legal professional to understand the implications and best course of action.
I also never got to present evidence. It was dismissed after motion to dismiss
If your case was dismissed after a motion to dismiss in Tennessee, you generally have the following options:
*. Appeal the dismissal if you believe there was a procedural error.
*. Refile the case if the dismissal was without prejudice.
Always consult with a legal professional for personalized advice.
How long do i have to refile
In Tennessee, the statute of limitations for filing a civil case is generally 1 year. However, if your case was dismissed without prejudice, you may have a year from the date of dismissal to refile. Always consult with a legal professional to understand your specific situation.
It was a detinue case
In a detinue case, if your case was dismissed without prejudice, you typically have one year from the date of dismissal to refile. However, this can vary based on specific circumstances. Do you have any other questions regarding this?
Case law of personal suit of ownership of personalty purchased from decedent
In Tennessee, the following laws may apply in a case regarding ownership of personalty purchased from a decedent:
*. Tennessee Code Annotated § *-*-*: decedent's personal property passes to the surviving spouse or next of kin.
*. Tennessee Code Annotated § *-*-*: a buyer in good faith takes free of any adverse claim.
Consult with a legal professional for detailed advice.