TBA Law Blog

Posted by: Lynn Pointer on Mar 19, 2013

In Bernatsky v. Designer Baths & Kitchens, No. W2012-00803-COA-R3-CV,2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013) the Court of Appeals clarified the bond/fee requirements for appealing a general sessions court matter to circuit court. In Bernatsky, the appellants paid $211.50 to the clerk which included the standard $150 filing fee. Eight months later, appellants posted a $500 bond. The Circuit Court dismissed the appeal sua sponte holding that appellants had not satisfied the bond requirements of T.C.A. § 27-5-103 which required any appellant “shall give bond with good security … for the costs of the appeal.” The Circuit Court stated that since the statute did not have a specific bond amount requirement, the bond must cover all costs without limitation. The Court of Appeals reversed stating that the “standard court cost” of T.C.A. § 8-21-401 satisfied the requirements of T.C.A. § 27-5-103.

In Creekside Partners v. Albert Nathan Scott, et al., No. M2012-00623-COA-R3-CV (January 10, 2013), the Court of Appeals held that a commercial lease where a person who signed only on behalf of the corporation lessee, was not individually liable as a guarantor despite language in the lease designating him as guarantor.  The Court of Appeals held that the guaranty language in the lease was not sufficient pointing out contradictory language in the lease that identified the corporation as the sole tenant.  The Court thus held that the lease did "not show a clear intent that [alleged guarantor] was contracting as an individual guarantor of [corporation]’s obligations."