The Bank/First Citizens Bank v. Citizens and Associates - Concurring/Dissenting

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 8, 2001 Session THE BANK/FIRST CITIZENS BANK v. CITIZENS AND ASSOCIATES, ET AL. Appeal from the Circuit Court for Bradley County No. V-97-922 Russell Simmons, Judge FILED JULY 6, 2001 No. E2000-02545-COA-R3-CV CHARLES D. SUSANO, JR., J., concurring in part and dissenting in part. I concur in so much of the majority opinion as holds that Citizens is precluded from raising an issue on appeal as to the dismissal of First Tennessee Bank. I disagree, however, with the majority’s conclusion that the facts do not preponderate against the trial…