H.D. Edgemon Contracting Co. v. King

OPINION

DROWOTA, Justice.

The Defendants Walter and Katherine King filed in the Court of Appeals a motion to dismiss the appeal, pursuant to Rule 26(b), Tennessee Rules of Appellate Procedure (T.R.A.P.), because the statement of the evidence and brief were not filed within the time allowed by Rule 24(c) and Rule 29(a), T.R.A.P.1 The Court of Appeals, relying on this Court’s opinion in Davis v. Sadler, 612 S.W.2d 160 (Tenn.1981), denied Defendants’ motion to dismiss. We granted Defendants’ Rule 11 Application for Permission to Appeal because we feel our decision in Davis v. Sadler needs…