ESTATE OF MARY LOU LAMB v. D. JIMMY BRINIAS, ET AL. - Articles

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ESTATE OF MARY LOU LAMB v. D. JIMMY BRINIAS, ET AL.

Posted by: Tanja Trezise on Jul 1, 2014

Court: TN Court of Appeals

Attorneys 1:

J. Nolan Sharbel, Knoxville, Tennessee, for the appellant, the Estate of Mary Lou Lamb.

Attorneys 2:

Dudley W. Taylor, Knoxville, Tennessee, for the appellee, Ernest L. Joyner.

Judge(s): SWINEY

The Estate of Mary Lou Lamb appeals a grant of summary judgment to defendant Ernest L. Joyner raising issues regarding whether the Chancery Court for Knox County (“the Trial Court”) erred in finding that the plaintiff’s response to the defendant’s motion for summary judgment was filed untimely and therefore was not considered by the Trial Court, and whether the Trial Court erred in granting summary judgment on the issue of adverse possession. We find and hold: (1) that the Trial Court did not err in finding that the plaintiff’s response was filed untimely; and (2) that Ernest L. Joyner failed to show that he was entitled to summary judgment as a matter of law. We vacate the grant of summary judgment on the issue of adverse possession and remand this case to the Trial Court for further proceedings.

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