STEPHEN MEACHAM, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT E. MEACHAM v. WILLIAM EARL STARNES, SR. - Articles

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Posted by: Tanja Trezise on Feb 27, 2013

Court: TN Court of Appeals

Attorneys 1:

Irwin I. Cantor, Memphis, Tennessee, for the Plaintiff/Appellant Stephen Meacham, personal representative of the Estate of Robert E. Meacham

Attorneys 2:

Dawn Davis Carson, Russell B. Jordan, and Hal S. (Hank) Spragins, Jr., Memphis, Tennessee, for the Defendant/Appellee William Earl Starnes, Sr.

Judge(s): KIRBY

This case involves the bond requirements for an appeal from General Sessions Court to Circuit Court. The plaintiff sued the defendant for damages in General Sessions Court, and a judgment was entered in favor of the defendant. The plaintiff sought a de novo appeal to Circuit Court. Within ten days of the General Sessions Court judgment, the plaintiff filed a notice of appeal and paid $211.50 to the General Sessions Court clerk, pursuant to T.C.A. § 8-21-401(b)(1)(C)(i). The plaintiff did not file any further bond at that time. The defendant filed a motion to dismiss, asserting that the Circuit Court lacked subject-matter jurisdiction over the case because the plaintiff had not complied with the appeal-bond requirement in T.C.A. § 27-5-103. The trial court granted the motion to dismiss on that basis. The plaintiff now appeals. We reverse in light of our recent decision in Bernatsky v. Designer Baths & Kitchens, LLC, No. W2012-00803-COA-R3-CV, 2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013), and remand for further proceedings.

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