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Our firm has the experience necessary to
handle matters on appeal. When a litigant loses receives an unsatisfactory
decision at the trial court level, the litigant has the right to appeal.
The rules governing appeals in Tennessee are found in the Tennessee Rules of Appellate
Procedure. While the Tennessee Rules of Appellate Procedure were drafted to
"simplify" the appellate process, these rules still provide some
demanding and at times complicated guidelines which must be followed in order
to properly process an appeal. For instance, generally a litigant only has
thirty (30) days in which to file a notice of appeal from a final order at
the trial level. If the proper documentation is not timely filed, the right
to appeal is lost forever. There are also deadlines and requirements related
to preparing the trial transcript, filing the technical record, and preparing
and filing appellate briefs. If oral argument is requested at the appeal,
then certain procedures must be followed.
In addition to the procedures described in
the Tennessee Rules of Appellate Procedure, the attorney preparing the appeal
must perform certain legal research to insure that the appellate court is
properly informed of the applicable law. Generally, the legal research
process is often the most critical, time consuming and expensive. These
matters need to be considered when calculating the costs of appeal as well as
the benefits which any appeal may generate.
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- Farley v. Clayton, 928 S.W.2d 931 (Tenn.App.
1996) Decision involving the witness immunity doctrine.
- Carter v. Shoney's, Inc., 845 S.W.2d 740 (Tenn.
1992) Worker's compensation decision stating that an employee would not
be required to give employer notice and petition court each time she
reasonably perceived need for chiropractic treatment.
- Zaharias v. Vassis, 789 S.W.2d 906 (Tenn.App.
1989) Insurance policy decision stating that a mortgagee retained
interest in an insurance policy as result of a separate contract with
property owner.
- Williams v. Pollard, 44 F.3d 433 (6th Cir.
1995), cert. denied (U.S. 1996). Civil rights
decision granting qualified immunity to Tennessee Department of Human
Rights worker under facts of the case.
- Porter-Metler v. Edwards, 1998 WL 131515 (Tenn.App.
1998) Attorney malpractice decision holding that attorney
misrepresentations may keep the statute of limitations from running.
- Hensley v. Cumberland
Toyota,
Inc., 1995 WL 572070 (Tenn. 1995). Worker's
compensation decision upholding trial court's ruling granting large
award to worker suffering serious lung disease.
- Goff v. Howell, 1994 WL 317542 (Tenn.App.
1994). Government tort liability decision limiting county's liability to
$130,000 absent action from county commission under statute raising the
limits.
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