Supreme Court Clarifies Bond Needed For Appeals From General Sessions Courts

Monday, July 21, 2014

The Tennessee Supreme Court ruled that a cash bond in the amount of statutory court costs and litigation taxes is sufficient to permit an appeal from general sessions court to circuit court.

The issue arose in a 2007 Shelby County case in which Wilma Griffin sued Campbell Clinic for substandard medical treatment. The general sessions court ruled in favor of Campbell Clinic. Ms. Griffin filed a notice of appeal the next day and deposited $211.50 with the general sessions court clerk, an amount that represented the standard court cost for an appeal to the circuit court plus state and local litigation taxes.

 

The litigation continued for several years, and in 2012, Campbell Clinic sought to dismiss the case, claiming that Ms. Griffin’s cash bond was inadequate under the case law in effect at that time.

The Supreme Court ruled that payment of statutory court costs and litigation taxes was sufficient to permit an appeal to the circuit court. The Court rejected the argument that an unlimited surety bond was required, noting that the law permitted a request for additional security if necessary.

To read the unanimous Opinion in Wilma Griffin v. Campbell Clinic, P.A., authored by Justice Janice M. Holder, visit the Opinions section of TNCourts.gov.



 


Attorney General Slatery Names Solicitor General

Tennessee Attorney General Herbert Slatery announced that Andrée Sophia Blumstein will join the office as solicitor general.   Mrs. Blumstein will oversee appellate litigation in state and federal courts, review written opinions, and advise the attorney general. “I could not be more pleased that Andrée has accepted this important appointment,” Attorney General Slatery ... (click for more)

Northwest Georgia’s Unemployment Rate Falls To 7.1 Percent In September

The Georgia Department of Labor announced Thursday that the unemployment rate in the Northwest Georgia region in September was 7.1 percent, down 1.0 percent from 8.1 percent in August. The rate in September of last year was 7.8 percent. The rate dropped because there were 4,034 fewer unemployed people in the Northwest Georgia area in September, according to the federal government’s ... (click for more)

Mayor Berke, Chattanooga Police Department, And Community Members Reach Out To Group Members To End Violence

The city of Chattanooga held a call-in on Thursday night, as part of the Violence Reduction Initiative. Dozens of law enforcement officials, community members, social service providers and clergy gathered to deliver a message to over 20 members of violent groups in Chattanooga. Family members of the probationers watched the call-in from another building. Although the call-in was ... (click for more)

Man Airlifted To Erlanger After Early Morning Crash In Bradley County

Bradley County EMS responded to an early morning crash Thursday at 7 a.m. at the intersection of Lauderdale Memorial Highway and Walker Valley Road in Charleston. Three ambulances and an EMS supervisor responded to the scene. There were three vehicles involved and one car left the roadway.   One adult man suffered serious injuries and it was determined that he needed ... (click for more)

Chairs Cost How Much?

Many times while growing up, I would go to the store with my parents. More often than not, I would see something I wanted, and ask my parents to buy it for me. More often than not, they said no. “Why?” I asked. “Son, money doesn’t grow on trees.” That’s a phrase I’m sure many of us have heard more than once over the course of our lives. However, I have since learned that they were ... (click for more)

Roy Exum: My Dear Friend Luther

One sunny morning in June years ago, the renowned radio icon Luther Masingill was on his way back to the WDEF studios on South Broad Street when he stopped for a red light and noticed a young couple in a car idling next to his familiar light blue Ford pickup. “What caught my eye was a buck-toothed boy eating a banana in the back seat,” he explained in an aside to that day’s lunchtime ... (click for more)