James Crowley, et al. v. Wendy Thomas

M2009-01336-SC-R11-CV
Date / Time: 
February 3, 2011 - 9:00am

Lower Court Summary

The issue on appeal is whether a defendant, who appealed from an adverse judgment rendered against her in the general sessions court, may dismiss the appeal at any time in the circuit court and thereby dismiss the plaintiff’s additional claims asserted in an amended complaint in the circuit court. Following the defendant’s appeal to the circuit court, the plaintiff/appellee filed an amended complaint adding his wife as an additional plaintiff, asserting additional claims and seeking additional damages. On the eve of trial, the defendant filed a Notice of Dismissal of Appeal and Motion to Affirm General Sessions Judgment. The plaintiffs objected to the dismissal of their amended complaint, insisting that they had the right to proceed with their new and additional claims. The circuit court held that the party appealing from a general sessions judgment is entitled to dismiss the appeal at any time, without the consent of the adverse party, and the affirmance of the general sessions judgment. We affirm the decision of the circuit court.
 

Court: 
Supreme Court
County: 
Davidson
Division: 
Middle Section