BARBARA MCGINNIS v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on May 1, 2015

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

Michael Don Harrell, Memphis, Tennessee, for the appellant, Barbara McGinnis.

Attorneys 2:

Herbert H. Slattery, III, Attorney General and Reporter, Andree S. Blumstein, Solicitor General, and Rebecca Lyford, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge(s): ARMSTRONG

This is an interlocutory appeal of the Tennessee Claims Commission?s denial of Appellant State of Tennessee?s motion to dismiss the Appellees? appeal of the denial of her tort claim by the Division of Claims Administration. Appellee filed her notice of appeal with the Commission 91 days after notice of the denial of her claim. Although Tennessee Code Annotated Section 9-8-402(c) allows only 90 days for a party to appeal the denial of his or her claim, the Commission applied Tennessee Rule of Civil Procedure 6.05 to enlarge the time by three days and, thus, held that Appellees? notice of appeal was timely. We conclude that Tennessee Rule of Civil Procedure 6.05 is inapplicable to this case. Accordingly, we hold that Appellees? appeal was not timely filed so as to confer jurisdiction over her claim to the Commission. Because the Commission lacked jurisdiction, the State was entitled to dismissal of the appeal. Reversed and remanded with instructions.