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Sunday, December 16, 2018

Grant of Summary Judgment Overturned Because Trial Court Failed to Follow Rule 56.04, Tenn. R. Civ. P.

The Tennessee Court of Appeals recently released its opinion in Bertucelli v. Haehner, No. E2017-02068-COA-R3-CV (Tenn. Ct. App. Nov. 28, 2018).  The syllabus from the slip opinion reads as follows:
Appellants appeal the trial court’s order granting Appellees’ motion for summary judgment “as to all remaining issues” asserted by Appellants in their complaint. In its order granting summary judgment, the trial court failed to state the legal grounds on which it granted summary judgment on the remaining claims as required by Tennessee Rule of Civil Procedure 56.04. In the absence of such grounds, this Court cannot make a meaningful review of the trial court’s decision. We, therefore, vacate the trial court’s final order and remand the case for further proceedings. Vacated and remanded.
Here is a link to the slip opinion:

Here is a link to Rule 56.04, Tenn. R. Civ. P.:

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