Conclusory Summary Judgment Order Remanded by Western Section for Findings of Fact and Conclusions of Law in Dog Attack Case

EDWARD RAGLAND, ET AL. v. ROY MORRISON
Court: TN Court of Appeals

Attorneys:

Lewis K. Garrison, Memphis, Tennessee, for the appellant, Edward Ragland.

Jeremy M. Thomas, Osceola, Arkansas, for the appellee, Roy Morrison.

Judge: STAFFORD

This appeal arises from the grant of summary judgment in favor of Appellee. Appellants claimed that Appellee was liable for injuries caused by dogs that Appellee allegedly owned and allowed to run loose in the Appellants’ neighborhood. The trial court’s order fails to state the legal ground upon which the court granted the motion for summary judgment. Further, there is no indication in the record of the trial court’s reason(s) for granting the motion. Because Tennessee Rule of Civil Procedure 56.04 mandates inclusion of the trial court’s legal ground in the order on the motion for summary judgment, we vacate and remand.

.PDF Version of Case

Comment on this Article