Tennessee Injury Attorney Blog
A Tennessee appellate court dismissed another case for failure to follow procedural rules. In the last month, we have discussed several cases where the Tennessee courts dismissed a case because the statute of limitations had tolled. Tennessee courts are serious about their procedural rules.
In the most recent case, a court of appeals in Tennessee dismissed Peterson V. Lepard for failure to “perfect” a timely appeal. Perfecting an appeal means filing all the documents and satisfying all the statutory, regulatory, and rules required to have a case sent to an appellate court. Generally, perfecting an appeal requires all documents to be in order, all the necessary attachments must be attached, and required payments have been made.
If a party loses a decision by a trial, that party may be entitled to appeal the decision to a circuit court. The Tennessee General Assembly and the courts have created several rules in order to ensure justice in an effective and efficient manner.
As stated before, it can be critical to your case to make sure all filings are done to completion and on time. However, there are other requirements that may need to be satisfied as well, including making required payments or paying a bond. In Peterson V. Lepard, the accident victim had several cases dismissed because the plaintiff failed to pay a required bond and court fees on time.
Applicable Statutes And Cases
Tenn. Code Ann. § 27-5-108
Under Tenn. Code Ann. § 27-5-108, (“§ 108”) whenever a party wishes to appeal a trial court’s decision, the party must file a “perfected” notice of appeal within ten days of the decision.
For an appeal to be heard by the circuit court, § 108 requires that the party (1) file a notice of appeal and (2) give a bond for the costs of appeal or file and affidavit of indigency.
Sturgis v. Thompson
The circuit court may acquire subject matter jurisdiction over a case litigated in a trial court through the timely perfection of an appeal. Sturgis v. Thompson.
Facts Of The Case
A Tennessee police department had been in a high speed pursuit of a drunk driver, Mr. Lepard, when Mr. Lepard ran into a Ms. Henderson. Ms. Henderson’s vehicle then struck the plaintiff’s vehicle. The plaintiff suffered bodily injury and vehicle damage. The drunk driver had a blood-alcohol content of .22, almost three times the legal limit. The plaintiff brought claims against the drunk driver, Ms. Henderson, and the police department.
The police department brought a request to the trial court to dismiss the claim, which the trial court granted. The plaintiff filed with the General Sessions 24-hour Clerk’s office at 6 p.m. on the last day of the ten day time period. At the time, the plaintiff was unaware that the 24-hour clerk’s office did not take payments, and she was unable to make the bond payment. The clerk, incorrectly, told the plaintiff, that if she paid the next day, she would not miss the deadline for the bond.
After the plaintiff paid the bond and after the General Sessions 24-hour Clerk’s office forwarded the filing to the circuit court, Ms. Henderson filed a motion to dismiss the case because, without the bond payment, it was not timely perfected. The drunk driver and police department joined the motion, and the trial court dismissed the case.
Court’s Finding
Tenn. Code Ann. § 27-5-108
The plaintiff argued that the trial court erred because the appeal had been filed on time even though the payment had been late. To support this, the plaintiff cited Carter v. Batts. In Carter v. Batts, a bank had mistakenly stop paid the check for the required bond. It reissued a second check; however, the court returned the check having received the first check. Both checks were received in time; however, because one was stop paid and the other had been returned, the actual payment did not happen until after the ten day period. In the current case, the court distinguished Carter v. Batts because the payment had been delayed because of a misunderstanding between the bank and the court. In the current case, the plaintiff failed to pay on time.
Subject Matter Jurisdiction
The plaintiff argued that since the appeal had been filed and forwarded to the circuit court, the filing had vested. Under § 719, the fact that an appeal was filed does not mean that it was filed properly, or that it has been properly perfected.
The court noted that there was no ambiguity in the statute; a party must file both a notice of appeal and a bond within the ten day period. The court dismissed the plaintiff’s appeal for failure to perfect the appeal.
If You Have Been In An Accident
The number of recent cases dismissed for failure to follow procedural rules, speaks to the importance of knowing and following the rules. It can be painful – financially and emotionally – when a plaintiff can not get compensation the deserve because the the courts dismissed the case for a procedural error. If you have recently been involved in an accident and are considering filing a Tennessee personal injury law suit, you should speak to an experienced Tennessee personal injury attorney that will make sure you get the compensation you deserve.
Additional Resources:
Tennessee Code Annotated § 27-5-108: Appeal From General Sessions Court, Nov. 25, 2013, Supreme Court of Tennessee
Rules Of Civil Procedure, 2014, Tennessee State Courts
More Blog Entries:
Time Limitations For Serving Process On A Tennessee Defendant When You Have Been Injured In A Car Wreck: Gates v. Perry, Apr 12, 2014, Knoxville Injury Lawyer Blog
Tennessee Court of Appeals at Knoxville Limits Expert Testimony in Medical Malpractice Case — Ike J. White, III v. David A. Beeks, M.D., Dec. 11, 2013, Knoxville Injury Lawyer Blog