Marvin Bernatsky and Patricia Bernatsky v. Designer Baths & Kitchens, LLC - Concurring Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON October 23, 2012 Session MARVIN BERNATSKY AND PATRICIA BERNATSKY v. DESIGNER BATHS & KITCHENS, LLC An Appeal from the Circuit Court for Shelby County No. CT-006113-10 James F. Russell, Judge No. W2012-00803-COA-R3-CV - Filed February 15, 2013 J. STEVEN STAFFORD, J., concurring: I agree with the result reached by the majority in this case. However, I write separately to emphasize my reasoning in concluding that an ambiguity exists, in direct contradiction to our earlier decision in Jacob v. Partee, No. W2012-00205-COA-R3–CV,

2012 WL 3249605

(Tenn.…