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Saturday, November 23, 2013

Medical Malpractice Case: Another Case Dismissed for Failure to Comply with New Filing Requirements, Etc.

The Tennessee Court of Appeals recently released its opinion in Hailey v. Wesley of the South, Inc., No. W2012-01629-COA-R3-CV (Tenn. Ct. App. Nov. 19, 2013).  The summary of the opinion states as follows:
Plaintiff’s Complaint was dismissed for failure to comply with the requirements of the Medical Malpractice Act. The trial court denied Plaintiff’s second Motion to Alter or Amend, and Plaintiff appealed to this Court. We dismissed the appeal for lack of subject matter jurisdiction due to Plaintiff’s failure to timely file an appropriate notice of appeal.  Plaintiff then filed a third Motion to Alter or Amend in the trial court, which the trial court dismissed for lack of subject matter jurisdiction. Plaintiff filed a second appeal to this Court.  We dismiss the appeal for lack of subject matter jurisdiction.
Here's a link to the opinion:

This case also stresses the importance of appellate practice.

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