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Posted by: Stacey Shrader Joslin on Oct 9, 2013

Head Comment: VACATING PRIOR OPINION: This order, filed on Oct. 3, 2013, vacates an opinion filed on March 28, 2013, and grants a rehearing in the matter of Shemeka Metin Ibrahim v. Murfreesboro Medical Clinic Surgi Center et al.

Court: TN Court of Appeals

Judge(s): PER CURIAM

On March 12, 2013, the appellees filed a motion to dismiss this appeal for failure to file a timely notice of appeal. The appellant did not file a timely response, and the court dismissed the appeal on March 28, 2013. The appellant filed a timely petition to rehear asserting that she timely filed her notice of appeal with the trial court clerk on February 20, 2013, but that the trial court clerk did not mark the notice of appeal filed until after the trial court approved her request to proceed as a poor person. On April 9, 2013, this court reserved judgment on the petition to rehear and remanded the matter to the trial court for a determination of the date the appellant's notice of appeal was actually received by the trial court clerk. The trial court has now determined that the notice of appeal was received by the trial court clerk on February 20, 2013, and that the trial court erroneously failed to file stamp it as of that date. Accordingly, the notice of appeal was timely filed. It is, therefore, ordered that the petition to rehear is granted. The opinion and judgment entered by this court on March 28, 2013, are hereby vacated. The appeal shall proceed in accordance with the Tennessee Rules of Appellate Procedure.