IN THE COURT OF APPEALS OF TENNESSEE
WESTERN SECTION AT NASHVILLE
RENEE HENDERSON, )
)
Plaintiff/Appellee, ) Davidson Circuit No. 95C-899
)
VS. ) Appeal No. 01A01-9610-CV-00463
)
JERRY HARLAN, d/b/a
LODGE QUARTERS RIVERGATE,
)
)
)
FILED
Defendant/Appellant. ) June 11, 1997
Cecil W. Crowson
APPEAL FROM THE CIRCUIT COURT OF DAVIDSON COUNTY
Appellate Court Clerk
AT NASHVILLE, TENNESSEE
THE HONORABLE WALTER C. KURTZ, JUDGE
PHILLIP R. NEWMAN
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, Tennessee
Attorney for Appellant
WORRICK G. ROBINSON, IV
ADAMS & WHITEAKER, P.C.
Nashville, Tennessee
Attorney for Appellee
REVERSED AND DISMISSED
ALAN E. HIGHERS, J.
CONCUR:
W. FRANK CRAWFORD, P.J., W.S.
HOLLY KIRBY LILLARD, J.
Jerry Harlan, d/b/a Lodge Quarters Rivergate (“Defendant”) appeals the judgment
of the circuit court arguing that the circuit court erred in refusing to allow him to voluntarily
dismiss his appeal from general sessions court. For the reasons stated hereafter, we
reverse the judgment of the circuit court.
PROCEDURAL HISTORY
In this replevin action, Renee Henderson (“Plaintiff”) filed a complaint in general
sessions court against Defendant seeking possession of her personal property which the
Defendant was holding without her consent. Defendant filed a separate complaint in
general sessions court against Plaintiff for expenses incurred in the moving and storage
of Plaintiff’s personal property and for damage that the Defendant had incurred due to
Plaintiff’s tenancy. General sessions court granted a judgment in favor of the Plaintiff in
the amount of $1,500.00, awarded Plaintiff possession of her personal property, and
dismissed Defendant’s companion suit. Defendant appealed the judgment of general
sessions court to circuit court. Plaintiff thereafter filed an amended complaint in circuit
court seeking compensatory damages in the amount of $10,000.00 and punitive damages
in the amount of $20,000.00. After answering Plaintiff’s amended complaint, Defendant
filed a notice of voluntary dismissal of its appeal from general sessions court. Upon
denying Defendant’s notice of voluntary dismissal, the circuit court awarded Plaintiff a
judgment in the amount of $9,000.00 and dismissed Defendant’s counter-complaint against
the Plaintiff.
LAW
The sole issue before this Court is whether the circuit court erred in refusing to allow
the Defendant voluntarily to dismiss his appeal from a judgment in general sessions court
after the Plaintiff filed an amended complaint in circuit court and after the Defendant filed
an answer to the amended complaint.
It is well-settled under Tennessee law that a party appealing a general sessions
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court judgment to circuit court has the right to dismiss the appeal at any time prior to trial
in circuit court. Storie v. Griffin, 51 S.W.2d 488, 489 (Tenn. 1932); C.B. Donaghy & Co.
v. McCorkle, 98 S.W. 1050, 1050-51 (Tenn. 1907); Day v. Hagler, slip op. (Tenn. Ct. App.
June 25, 1985). Our supreme court in C.B. Donaghy & Co. v. McCorkle, 98 S.W. 1050
(Tenn. 1907), stated that “[i]t is the general rule that the appellant may have his own
appeal dismissed at any time while the cause remains within the jurisdiction of the
appellate court.”
Upon dismissal of an appeal from general sessions court, the judgment of the
general sessions court shall be affirmed. McCorkle, 98 S.W. at 1051. See also Storie v.
Griffin, 51 S.W.2d 488, 489 (Tenn. 1932) (stating appellant had a right to dismiss his
appeal from the judgment of the justice of the peace court to chancery court and have the
judgment of the justice of the peace court affirmed).
In Day v. Hagler, slip op. (Tenn. Ct. App. June 25, 1985), this Court addressed an
issue similar to the one in the case at bar. The issue in Day was whether a party appealing
from a general sessions court judgment to circuit court may dismiss his appeal when doing
so would prevent his non-appealing adversary from proving additional damages in circuit
court. In holding that the appellant could dismiss his appeal, this Court stated that “[t]he
law is clear that a party appealing a General Sessions judgment to Circuit Court has the
right to dismiss the appeal at any time prior to trial in Circuit Court.” Day, slip op. at 2. In
Day, the court said:
Additionally, there is no injustice apparent. Plaintiff’s additional
expense sought in the Circuit Court arose after the General
Sessions judgment would have become final had there been
no appeal. There would be no cause of action for those
expenses in that eventuality. In short, the plaintiff is in the
same position as if no appeal had been taken by the
defendant. She still has her judgment for $3,246.00. Where
is there an injustice? Day, slip op. at 2.
Although Plaintiff cites the case of Ware v. Meharry Medical College, 898 S.W.2d
181 (Tenn. 1995), for the proposition that an appellant loses his right to dismiss his appeal
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from a general sessions court judgment once an amended complaint and an answer to the
amended complaint are filed in circuit court, Plaintiff’s proposition is in error. The Supreme
Court in Ware held that a party may appeal from a judgment in general sessions court to
circuit court and amend the complaint to seek damages beyond the monetary jurisdictional
limits of general sessions court. The court in Ware did not modify the long-standing
principle that an appellant may dismiss his appeal from a judgment of the general sessions
court at any time prior to trial in circuit court. Thus, in the present case, the circuit court’s
refusal to allow the Defendant voluntarily to dismiss his appeal from the judgment of the
general sessions court was in error.
The judgment of the circuit court is hereby reversed and dismissed. Costs on
appeal are taxed to Appellee for which execution may issue if necessary.
HIGHERS, J.
CONCUR:
CRAWFORD, P.J., W.S.
LILLARD, J.
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