Legal Opinion
Finchum v. Ace, USA
Court of Appeals of Tennessee
Decided August 23, 2004PublishedCited by 6 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · FranksHerschel Pickens Franks, P.J., joined by D. Michael Swiney, J.,
CHARLES D. SUSANO, JR., J.,
Dissented and filed an opinion.
The Trial Court dismissed the Complaint on a Motion filed pursuant to Tenn. R. Civ. P. 12.02(6). We vacate and remand because the Motion to Dismiss did not comply with the Rules of Civil Procedure.
In this contract action, the Trial Court, responding to a Motion to Dismiss pursuant to Tenn. R. Civ. P. 12.02(6), dismissed plaintiffs Complaint for failure to state a cause of action. Plaintiff has appealed.
Counsel argued the Motion to Dismiss on March 21, 2003, as well as several other motions not germane to this Appeal. The Trial…
3Cases cited7 opinions
- Riggs v. BursonTennessee Supreme Court · 1997
- Doe v. SundquistTennessee Supreme Court · 1999
- Willis v. Tennessee Department of CorrectionTennessee Supreme Court · 2003
- Gore v. Tennessee Department of CorrectionCourt of Appeals of Tennessee · 2003
- Culbreath v. First Tennessee Bank National Ass'nTennessee Supreme Court · 2001
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4Cited by6 opinions
- Ralph v. PipkinCourt of Appeals of Tennessee · 2005
- Alley-Cassetty Coal Co., Inc. v. Ruth Johnson, Commission of the Tennessee Department of RevenueCourt of Appeals of Tennessee · 2005
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- Carl Allen v. Joseph S. OzmentCourt of Appeals of Tennessee · 2018
- Paul B. Schodowski, D.P.M. v. Tellico Village Property Owners Association, Inc.Court of Appeals of Tennessee · 2016
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