The Tennessee Court of Appeals recently released an opinion that provides a compelling insight into the sticky wicket of civil procedure. The facts of the case involve an otherwise pedestrian dispute between homeowners and their contracted buyer on one hand and an HOA...
In Tennessee, an order is generally “final” thirty days after it has been entered. Where child custody matters are concerned, however, the trial courts retain “exclusive and continuing jurisdiction.” This has often resulted in confusion with...
In Tennessee, a “final order” is not necessarily the last order that a court enters at the trial level, and that’s an important point to know when considering whether a litigant has a right to appeal. Generally in Tennessee, parties in civil trial...
The long-awaited electronic filing process for Tennessee’s state appellate courts has inched one step closer to reality. A transitional rule from the Tennessee Supreme Court which went into effect July 9, 2018 establishes a voluntary filing process until the...
This fall, two opinions, issued two days apart and from different sections of the Tennessee Court of Appeals, have explored the same essential question: should a plaintiff in a health care liability action be permitted to voluntarily dismiss his lawsuit without...
A version of this article originally appeared as the Monthly Spotlight Article in the Tennessee Tort Law Letter. DPBC attorneys Donald Capparella, Tyler Chance Yarbro, and Elizabeth Sitgreaves serve as editors. To learn about subscribing click here. If you are a tort...
The recent Tennessee Court of Appeals case National Public Auction Company, LLC v. Cam Out, Inc . offers helpful analysis of what constitutes “timely application” under Tenn. R. Civ. P. 24.01 to be able to intervene in a pending lawsuit. Background This appeal...