DEBORAH LACY v. HCA TRISTAR HENDERSONVILLE HOSPITAL, ET AL. - Articles

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Posted by: Landry Butler on Aug 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Deborah Lacy, Madison, Tennessee, appellant, pro se.

Attorneys 2:

Robert E. Boston and Paul Maxwell Smith III, Nashville, Tennessee, for the appellees, Denise Dallenbach, James Smallwood, Darlene Malone, Beverly Simpson, Duane Edson Harrison, Kim Wilburn, and Hendersonville Hospital Corporation.

Judge(s): MCBRAYER

This appeal arises from an involuntary dismissal after the close of plaintiff’s proof under Rule 41.02(2) of the Tennessee Rules of Civil Procedure. The pro se plaintiff submitted a statement of the evidence, and the defendants objected, requesting that the statement of the evidence be excluded from the record. The trial court sustained the objection and excluded the statement of the evidence from the record. We vacate the order of dismissal and remand for the trial court to make findings of fact. Because the trial court was required by the Tennessee Rules of Appellate Procedure to approve a statement of the evidence, we also remand for supplementation of the record.

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