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Posted by: Tanja Trezise on Jul 31, 2013

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

John W. Leach, Louis Peo Chiozza, Jr., and Steven R. Walker, Memphis, Tennessee, for the appellant, Wilma Griffin.

Attorneys 2:

Jerry E. Mitchell and Kevin O’Neal Baskette, Memphis, Tennessee, for the appellee, Campbell Clinic, P.A.

Judge(s): STAFFORD

The Circuit Court dismissed this appeal from General Sessions Court based on the Appellant’s failure to file a surety bond. 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. Based on this Court’s holding in Bernatsky v. Designer Baths & Kitchens, L.L.C., No. W2012-00803-COA-R3-CV, 2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013), we reverse and remand for further proceedings.