Legal Opinion

Person v. Fletcher

Court of Appeals of Tennessee

Decided January 19, 1979PublishedCited by 16 opinions

1Opinion of the Court

OPINION

FRANKS, Judge.

This appeal presents for determination what are all costs as expressed in Rule 68 of the Tennessee Rules of Civil Procedure.

Rule 68, T.R.C.P., provides at any time more than ten days before trial a party defending against a claim may make an offer of judgment, together with the costs then accrued. If the offer is not accepted within ten days and the case goes to trial, and the judgment obtained by the offeree is not more favorable than the offer, then the offeree shall pay all costs accruing after the making of the offer.

In this case, an offer was made pursuant to the…

2Cases cited2 opinions

  1. Railroad v. BoswellTennessee Supreme Court · 1900
  2. Mooneys v. StateTennessee Supreme Court · 1831

3Cited by16 opinions

  1. Hayes v. Xerox Corp.Alaska Supreme Court · 1986
  2. Marshall v. Sevier CountyCourt of Appeals of Tennessee · 1982
  3. Woods v. Herman Walldorf & Co., Inc.Court of Appeals of Tennessee · 1999
  4. Albright v. MercerCourt of Appeals of Tennessee · 1996
  5. Hubbard v. Delta Sanitation of MississippiCourt of Appeals of Mississippi · 2011

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