Crowley v. Thomas
343 S.W.3d 32
| Tenn. | 2011Background
- Crowley sued Thomas in general sessions seeking up to $25,000; GSJ awarded Crowley $14,500.
- Thomas appealed to circuit court; Crowley did not appeal the GSJ.
- Circuit court allowed amendments: Crowleys added wife as plaintiff and pursued multiple amended complaints increasing damages.
- Three days before trial, Thomas filed a Notice of Dismissal of Appeal and Motion to Affirm General Sessions Judgment; circuit court dismissed the appeal under 27-5-107.
- This dismissal foreclosed Thomas’s appeal and left Crowley’s potential claims dependent on preserving an appeal under 27-5-108 to pursue the original action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of the appeal under 27-5-107 affirming the GSJ was proper. | Crowley argues dismissal of appeal should not bar his pending, unappealed claims. | Thomas contends dismissal of the appeal affirming the GSJ is proper when an appellant dismisses. | Yes, dismissal proper; appeal dismissal affirms GSJ under 27-5-107. |
| Whether the saving statute or Ware v. Meharry creates a path to refile/amend the action. | Crowley could rely on saving statute if he had a new action within the period. | Thomas asserts no new action, so saving statute does not apply; circuit court's approach is consistent with Ware. | No conflict; saving statute not implicated; Ware does not override 27-5-107 result. |
| Whether Crowley could preserve his original cause by later perfecting an appeal per 27-5-108. | Crowley should be able to pursue the original claim by perfecting an appeal. | Without timely appeal per 27-5-108, the original action cannot be preserved. | To preserve the original cause, plaintiff must perfect an appeal under 27-5-108. |
Key Cases Cited
- C.B. Donaghy & Co. v. McCorkle, 98 S.W. 1050 (1907) (affirmance when defendant dismisses appeal from lower court judgment)
- Gill v. State Farm Ins. Co., 958 S.W.2d 350 (Tenn.Ct.App.1997) (affirming circuit court's dismissal of appeal from general sessions judgment)
- Kirby v. Cramer, 410 S.W.2d 724 (1967) (nonsuit affects saving statute considerations)
- McGee v. Jacobs, 236 S.W.3d 162 (Tenn.Ct.App.2007) (saving statute applicability after dismissal)
- Frazier v. E. Tenn. Baptist Hosp., 55 S.W.3d 925 (Tenn.2001) (saving statute mechanics)
- Cronin v. Howe, 906 S.W.2d 910 (Tenn.1995) (savings and timing in dismissals)
- Larsen-Ball v. Ball, 301 S.W.3d 228 (Tenn.2010) (statutory framework for appeals from general sessions)
- Thomas v. Oldfield, 279 S.W.3d 259 (Tenn.2009) (statutory interpretation of appeals process)
- Ware v. Meharry Med. Coll., 898 S.W.2d 181 (Tenn.1995) (appeal as new trial opportunity; not conflicting with dismissal)
- Benson v. Herbst, 240 S.W.3d 235 (Tenn.Ct.App.2007) (adverse judgment vs. appeal rights)