ADRIAN FIELDS v. BYRON WILLIAMS and STERLING MARSHALL - Articles

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Posted by: Tanja Trezise on Apr 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Lewis K. Garrison, Memphis, Tennessee, for the appellant, Adrian Fields.

Attorneys 2:

Robert L. Gatewood, Jr., Memphis, Tennessee, for the appellee, Byron Williams and Sterling Marshall.

Judge(s): STAFFORD

This is an appeal from the circuit court’s dismissal of Appellant’s appeal from general sessions court. Upon filing the appeal, Appellant paid costs in the general sessions court pursuant to Tennessee Code Annotated Section 8–21–401(b)(1)(C)(i), but did not submit a surety bond under Tennessee Code Annotated Section 27-5-103. The circuit court held that failure to post the surety bond under Section 27-5-103 resulted in a lack of subject matter jurisdiction in the circuit court. Accordingly, the trial court granted Appellees’s motion to dismiss the appeal for lack of subject matter jurisdiction. Based upon this Court’s recent decision in Bernatsky v. Designer Baths & Kitchens, LLC, No. W2012-00803-COA-R3-CV, 2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013), we reverse the dismissal and remand for further proceedings.

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