Appellate Practice Section

This is TBA’s newest section and was created by TBA leadership to provide members the opportunity to come together for the purposes of exchanging information and to provide CLE on appellate practice issues.

Chair
Miller & Martin PLLC
832 Georgia Ave Ste 1000
Chattanooga, TN 37402
(423)785-8211
Immediate Past Chair
Hagan & Farrar, PLLC
106 North Church Street
Murfreesboro, TN 37130
(615)800-4747

Court to Review 3 New Cases

The Tennessee Supreme Court recently granted review to three cases. Issues involved include the motion-to-dismiss standard in securities fraud cases, election of offenses and zoning appeals. The Raybin-Perky Hotlist looks at the cases and offers a prediction as to how each may be decided.

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Court Clarifies Application of Statutes of Limitations

The Tennessee Supreme Court ruled today that a trial court must consider both the legal basis of a claim and the injuries for which damages are sought when determining which statute of limitations applies to a lawsuit. In the case decided today, a landowner seeking to sell property sued for breach of contract. The defendant countered that the suit was filed after the statute of limitations had run and the lower courts agreed. The appeal to the Supreme Court sought to determine which of two statutes of limitations should have been applied: a three-year period for injury to real property or a six-year period for contract action. Applying the test it articulated, the court determined that the suit should be considered a contract action and therefore was allowed because it was filed within the six-year time frame. The AOC has more.

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