SHIRLEY M. CARTWRIGHT v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY - Articles

All Content


Posted by: Tanja Trezise on Aug 22, 2014

Court: TN Court of Appeals

Attorneys 1:

Robert D. MacPherson, Lebanon, Tennessee, for the appellant, Shirley M. Cartwright.

Attorneys 2:

Arthur E. McClellan and Elizabeth R. McClellan, Gallatin, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.

Judge(s): SWINEY

Shirley M. Cartwright (“Plaintiff”) sued Tennessee Farmers Mutual Insurance Company (“Defendant”) alleging breach of a contract of insurance. Defendant filed a motion for summary judgment. After a hearing, the Circuit Court for Maury County (“the Trial Court”) entered an order finding and holding, inter alia, that Plaintiff’s response to Defendant’s motion was untimely and would not be considered and that Defendant was entitled to summary judgment. Plaintiff appeals raising issues regarding whether the Trial Court erred in finding her response untimely, whether the Trial Court erred in granting Defendant summary judgment, and whether the Trial Court erred in denying two other motions filed by Plaintiff. We find and hold that Plaintiff’s response to Defendant’s motion for summary judgment was filed timely. We, therefore, reverse the Trial Court’s decision finding Plaintiff’s response untimely and refusing to consider it. As it was error to refuse to consider Plaintiff’s response to Defendant’s motion for summary judgment, we vacate the grant of summary judgment to Defendant and the Trial Court’s denial of Plaintiff’s motions and remand this case to the Trial Court for further proceedings consistent with this Opinion.

Attachments: