§ 20-5-101 No abatement where cause survives
§ 20-5-102 Actions surviving death of party
§ 20-5-103 Causes surviving death of tort-feasor
§ 20-5-104 Revival by or against heirs
§ 20-5-105 Revival by or against successor in interest
§ 20-5-106 Injury resulting in death — Succession to cause of action — Beneficiary who is minor or legally incompetent
§ 20-5-107 Prosecution of action by representative or surviving spouse or next of kin
§ 20-5-108 Continuation of decedent’s action
§ 20-5-110 Action for death of spouse
§ 20-5-111 Death of beneficiary before action
§ 20-5-112 Death of beneficiary during action
§ 20-5-113 Damages recoverable in wrongful death
§ 20-5-114 Death of executor or administrator
§ 20-5-116 Party substituted in revivor
§ 20-5-117 Death of nominal plaintiff
§ 20-5-120 Automobile liability insurance carrier negligent in failing to settle claim against insured — Survival of action — Assignment of right of action for benefit of creditors

Terms Used In Tennessee Code > Title 20 > Chapter 5 - Abatement and Survival of Actions

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • articles of organization: means , in the case of an LLC, articles of organization or, to the extent applicable with respect to an LLC initially formed under and governed by the Tennessee Limited Liability Company Act, compiled in chapters 201-248 of this title, articles of conversion, taken together with all of the following, to the extent they modify, correct, restate or otherwise affect the articles of organization or articles of conversion: articles of amendment, articles of correction, certificates of merger and all documents required to be filed with any of the articles of amendment, articles of correction and certificates of merger, as part of the formation and continuation of an LLC. See Tennessee Code 48-249-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
  • Business: means every trade, occupation, profession, investment activity, and other lawful purpose for gain or the preservation of assets, whether or not carried on for profit. See Tennessee Code 48-249-102
  • Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
  • Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
  • Decedent: A deceased person.
  • Director: means an individual who is vested with authority as a director under §. See Tennessee Code 48-249-102
  • Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
  • Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
  • Distribution: means a direct or indirect transfer of money or other property by an LLC, except for the issuance of its own membership interests or financial rights, with or without consideration, or an incurrence or issuance of indebtedness, whether directly or indirectly, including through a guaranty, to or for the benefit of any of its members or holders of financial rights, as applicable, in respect of membership interests or financial rights. See Tennessee Code 48-249-102
  • Document: means :

    • (A) Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201

    • domestic: means a limited liability company formed under this chapter, or a limited liability company formed under the Tennessee Limited Liability Company Act, compiled in chapters 201-248 of this title, that has elected to be governed by this chapter, or, where expressly indicated, a limited liability company formed under and governed by the Tennessee Limited Liability Company Act. See Tennessee Code 48-249-102
    • Domestic entity: means any entity formed under the laws of this state. See Tennessee Code 48-249-701
    • Entity: means , whether foreign or domestic and whether for profit or not-for-profit, limited liability companies, corporations, unincorporated associations, real estate investment trusts, statutory or business trusts or associations, estates, general partnerships, limited partnerships, registered or unregistered limited liability partnerships, limited liability limited partnerships or similar organizations, trusts, joint ventures, two (2) or more persons having a joint or common economic interest, and local, municipal, state, United States and foreign governments. See Tennessee Code 48-249-102
    • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
    • Financial rights: means a member's or holder's rights to:

      • (A) Share in profits and losses, as provided in §. See Tennessee Code 48-249-102

      • foreign: means a limited liability company that is formed under the laws of a jurisdiction other than this state. See Tennessee Code 48-249-102
      • Foreign entity: means any entity formed under the laws of any state of the United States other than this state, the laws of the United States or the laws of any foreign country or other foreign jurisdiction. See Tennessee Code 48-249-701
      • Governing body: means the body in which the general legislative powers of a municipality are vested, and in the case of counties means the legislative body of any county. See Tennessee Code 7-67-103
      • holder: means a person, other than a member, owning any financial rights in an LLC. See Tennessee Code 48-249-102
      • Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
      • Interest: means either or both of the following rights under the organic law of an unincorporated entity:

        • (A) The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201

        • LLC: means a limited liability company, organized under chapters 201-248 of this title. See Tennessee Code 48-202-101
        • LLC documents: means either, or both:

          • (A) An LLC's articles. See Tennessee Code 48-249-102

          • Loan agreement: means an agreement providing for an authority to loan the proceeds derived from the issuance of revenue bonds pursuant to this chapter to one (1) or more contracting parties to be used to pay the cost of one (1) or more projects and providing for the repayment of such loan by the other contracting party or parties, and which may provide for such loans to be secured by or evidenced by one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the contracting party or parties, delivered to the authority or to a trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 7-67-103
          • Majority vote: means , with respect to a vote of the members, managers, or directors, as applicable:

            • (A) If voting on a per capita basis, a majority in number of the members, managers or directors, as applicable, entitled to vote on a specific matter. See Tennessee Code 48-249-102

            • Manager: means a person who is vested with authority as a manager under §. See Tennessee Code 48-249-102
            • Member: means a person that has been admitted to an LLC as a member, as provided in §. See Tennessee Code 48-249-102
            • Member-managed: means an LLC organized pursuant to this title that has elected pursuant to §. See Tennessee Code 48-202-101
            • Membership: means the rights and obligations a member has pursuant to a corporation's charter, bylaws and chapters 51-68 of this title. See Tennessee Code 48-51-201
            • Municipality: means any county, metropolitan government or incorporated city or town in this state with respect to which an authority may be organized. See Tennessee Code 7-67-103
            • Officer: means an individual, who is vested with authority as an officer under §. See Tennessee Code 48-249-102
            • Operating agreement: means an agreement described in §. See Tennessee Code 48-249-102
            • other contracting party: means any party, including a municipality, to a sale contract, lease agreement or loan agreement, other than the authority. See Tennessee Code 7-67-103
            • Person: means an individual or an entity. See Tennessee Code 48-249-102
            • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
            • Proceeding: means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and whether formal or informal. See Tennessee Code 48-249-102
            • Project: means any building, sports complex, stadium, arena, sports and recreational facility, or any other structure or facility constructed, leased, equipped, renovated or acquired for any of the purposes set forth in this chapter, and also includes, but is not limited to, roads, streets, highways, curbs, bridges, flood control facilities, and utility services, such as water, sanitary sewer, electricity, gas and natural gas, and telecommunications that are constructed, leased, equipped, renovated or acquired as a supporting system or facility for any of the purposes set forth in this chapter. See Tennessee Code 7-67-103
            • revenue bonds: means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter. See Tennessee Code 7-67-103
            • Sale contract: means a contract providing for the sale of one (1) or more projects to one (1) or more contracting parties and includes a contract providing for payment of the purchase price in one (1) or more installments. See Tennessee Code 7-67-103
            • Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
            • Secretary of state: means the individual who holds the office of secretary of state of this state. See Tennessee Code 48-249-102
            • Service of process: The service of writs or summonses to the appropriate party.
            • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
            • Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
            • Sports and recreational facilities: means and includes facilities for any and all types of sports and recreational pursuits, including, but not limited to, football, basketball, baseball, soccer, track and field meets, swimming and diving meets, and any and all other sports, games, events or exhibitions that add to the recreational enrichment of the community. See Tennessee Code 7-67-103
            • sports authority: means any public corporation organized pursuant to this chapter. See Tennessee Code 7-67-103
            • State: means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing. See Tennessee Code 7-67-103
            • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
            • Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
            • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift and transfer by operation of law. See Tennessee Code 48-249-102
            • United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201