You Have to Make a Record

The Tennessee Supreme Court has just reversed a summary judgment because there was not an appropriate record to permit the Court to determine if summary judgment was appropriate. The trial court granted summary judgment in favor of the appellee without indicating its reasoning for doing so. The appellee’s motion for summary judgment did not state the grounds for summary judgment with particularity and no memoranda in support were contained in the record on appeal.

Here is the decision.

The Court put a burden on the appellant and the appellee to ensure that the record is in order. The Court put particular emphasis on the fact that the appellee was trying to uphold a summary judgment.

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