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Friday, January 29, 2010

General Sessions Court: Appellant Has Right to Dismiss Appeal Any Time Before Trial

The Tennessee Court of Appeals for the Middle Section issued its opinion yesterday in Crowley v. Thomas, M2009-01336-COA-R3-CV (Tenn. Ct. App. Jan. 27, 2010). The case dealt with an appeal from general sessions court to circuit court. It held that an appellant (in this case the defendant in general sessions court) had a right to dismiss the appeal --- and the whole case --- any time before trial.


Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/101/James%20Crowley%20et%20al%20v%20Wendy%20Thomas%20OPN.pdf

Practice point: if you are the prevailing party in general sessions court, and your adversary appeals, it would be wise for you to file an appeal too. That way, your claim cannot be dismissed by your adversary's dismissal of its appeal.


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