439 S.W.3d 899
Tenn.2014Background
- Griffin sued Campbell Clinic in general sessions court for medical-negligence damages up to $25,000.
- General sessions court ruled for Campbell Clinic after a bench trial; Griffin appealed the judgment.
- Griffin deposited $211.50—the $150 circuit court appeal cost plus taxes—as the appeal bond, within ten days.
- The circuit court dismissed for lack of subject-matter jurisdiction due to no bond with good security.
- Jacob v. Partee held a bond was required but not necessarily a surety bond; Bernatsky later said cash could suffice.
- Tennessee Supreme Court held 27-5-103 is unambiguous and cash bond can satisfy the bond requirement, so jurisdiction attaches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a cash bond satisfies 27-5-103’s bond requirement | Griffin: cash bond sufficient per Bernatsky; no unlimited surety bond needed | Campbell Clinic: bond must be unlimited surety bond to satisfy costs | Cash bond satisfies bond requirement; circuit court has jurisdiction |
| Statutory interpretation of 27-5-103’s ‘good security’ | Griffin argues plain language supports cash bond | Campbell Clinic argues ambiguity requiring surety bond | 27-5-103 is unambiguous; cash bond constitutes good security |
| Effect of Bernatsky and Jacob on this case | Bernatsky controls; cash bond valid | Jacob dictates bond must secure costs; cash bond insufficient | Bernatsky’s reasoning prevails; cash bond satisfies the bond requirement; jurisdiction attaches |
| Whether the court may require additional security later | No need for unlimited bond initially; bond acceptable | Initial bond could be insufficient; court may require more security | Circuit court could require additional security if needed; initial cash bond acceptable |
Key Cases Cited
- Jacob v. Partee, 389 S.W.3d 339 (Tenn. Ct. App. 2012) (appeal bond required; failure to file bond can defeat perfection of appeal)
- Eastman Chem. Co. v. Johnson, 151 S.W.3d 503 (Tenn. 2004) (interpret statutes by plain meaning; harmonize with broader scheme)
- Love v. College Level Assessment Servs. Inc., 928 S.W.2d 36 (Tenn. 1996) (mandatory to perfect appeal; failure voids circuit court jurisdiction)
- City of Red Boiling Springs v. Whitley, 777 S.W.2d 706 (Tenn. Ct. App. 1989) (bond requirement to perfect appeal is not a mere formality)
- McCarver v. Jenkins, 49 Tenn. 629 (Tenn. 1870) (earlier rule on appeal bond timing; overruled to extent relevant)