PHILLIP BURT v. DONALD L. MACTAVISH AND BARBARA W. MACTAVISH ET AL. - Articles

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Posted by: Suzanne Craig Robertson on Jun 21, 2013

Court: TN Court of Appeals

Attorneys 1:

Curtis W. Isabell, Clinton, Tennessee, for the appellant, Phillip Burt.

Attorneys 2:

Shelley S. Breeding and Bradley L. Henry, Knoxville, Tennessee, for the appellees, Donald and Barbara MacTavish.

Judge(s): FRIERSON

This case presents the issue of whether the trial court properly dismissed the Appellees, Donald and Barbara MacTavish, as parties from the lawsuit below because Plaintiff’s complaint failed to state a claim upon which relief could be granted pursuant to Rule 12 of the Tennessee Rules of Civil Procedure. Phillip Burt, Plaintiff below, appeals the trial court’s dismissal of all claims against Donald and Barbara MacTavish. We vacate the trial court’s order granting dismissal and remand for further proceedings.

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