G. F. Plunk Construction Co. v. Barrett Properties, Inc.

OPINION

FONES, Chief Justice.

The threshold issue in this case is whether the appellate courts have authority to suspend the rules and waive failure to serve notice of the filing of notice of appeal upon opposing counsel and the clerk of the appellate court, as required by T.R.A.P. 5, where appellant had timely filed a notice of appeal with the clerk of the trial court in full compliance with T.R.A.P. 4.

It is undisputed that appellant filed a notice of appeal on May 20, 1981, in the office of the clerk of the Chancery Court of Shelby County, Tennessee, following the entry on that day of the…