IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
WILLIAM T. TERRELL and MARTHA M. TERRELL v. UNITED VAN
LINES, INC., KWICK-WAY TRANSPORTATION COMPANY, and
VANLINER INSURANCE CO.
Direct Appeal from the Chancery Court for Knox County
No. 156744 Hon. Daryl R. Fansler, Chancellor
No. E2004-00407-COA-R3-CV - FILED APRIL 29, 2005
CHARLES D. SUSANO , JR., concurring.
I agree with the result reached by the majority. With respect to the motion to amend, I
believe the trial court should have entered an order allowing the amendment; after which it could
have entered its order dismissing the plaintiffs’ claim. I believe this is the better practice under
Tenn. R. Civ. P. 15. However, since the trial court addressed the merits of the complaint, as if it had
been amended, any error in refusing to formally allow the amendment is harmless in nature. See
Tenn. R. App. P. 36 (b).
_______________________________
CHARLES D. SUSANO, JR., JUDGE
William T. Terrell and Martha M. Terrell v. United Van Lines, Inc., Kwick-Way Transportation Company, and Vanliner Insurance Co. - Concurring
Combined Opinion