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Christy, Attorney
Category: Legal
Satisfied Customers: 462
Experience:  Former General Counsel for nationwide corporation. Contracts, rental properties, business law.
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I recently appealed a Judgment In GS court in TN. Plaintiffs

Resolved Question:

I recently appealed a Judgment In GS court in TN. Plaintiff's atty filed a Motion for Summary Judgment. How can he do this if Tenn Code Annotated states, "27-5-108. Appeal from general sessions court. —...(c) Any appeal shall be heard de novo in the circuit court." The appeal hasn't been heard. How can he file MSJ?
Submitted: 7 years ago.
Category: Legal
Expert:  Christy replied 7 years ago.

The language is a bit confusing. "Any appeal shall be heard de novo" simply means that the appeals court is starting over and may accept new facts or arguments that were not made at the trial level. It doesn't mean that there must be a hearing before any action can be taken. The legal procedures are much the same as in the trial court.

To be successful, you will need to introduce new facts/arguments that were not readily available or were misunderstood or not used adequately at the trial level.

You need to draft a response to the plaintiff's motion for summary judgment, being sure to address those elements.

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