R.C. EX REL. ADAM ELROD v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on May 2, 2018

Court: TN Court of Appeals

Attorneys 1:

Gregory E. Bennett, Seymour, Tennessee, and Mary L. Ward, Knoxville, Tennessee, for the appellant, R.C. ex rel. Adam Elrod, as next friend.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter, Andre´e S. Blumstein, Solicitor General, and Stephanie A. Bergmeyer, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): MCCLARTY

This action involves a claim filed against the State of Tennessee with the Tennessee Claims Commission. The Commissioner ultimately dismissed the claim with prejudice for failure to advance the case to disposition. The claimant filed a motion for relief from the judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure. The claimant then filed a notice of appeal before the Commissioner ruled upon the motion. We dismiss the appeal for lack of subject matter jurisdiction and remand for further proceedings consistent with this opinion.

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