Ms. Fair appealed, and a divided Court of Appeals affirmed the dismissal. Fair v. Cochran, No. E2011–00831–COA–R3–CV, 2012 WL 1071142, at *1 (Tenn.Ct.App. Mar. 30, 2012). We granted Ms. Fair permission to appeal.
Ms. Ankton urges this Court to affirm the ruling of the trial court. Specifically, Ms. Ankton agrees with the trial court's interpretation of Rule 4.03 as imposing a ninety-day window on a plaintiff to file a return of proof of service. For this premise, Ms. Ankton cites a case decided by this Court, Fair v. Cochran, No. E2011-00831-COA-R3-CV, 2012 WL 1071142 (Tenn. Ct. App. Mar. 30, 2012). We note, however, that our decision in Fair was reversed by the Tennessee Supreme Court on September 12, 2013.