Wilma Griffin v. Campbell Clinic, P.A.

Summary

The Supreme Court of Tennessee held that a cash bond equal to the standard court costs and litigation taxes was sufficient to perfect an appeal from general sessions court to circuit court under Tennessee Code Annotated section 27-5-103. The court rejected the argument that an unlimited surety bond was required and affirmed the Court of Appeals’ reversal of the dismissal for lack of subject matter jurisdiction. The case was remanded for further proceedings.

Holdings

1. A timely cash bond in the amount of the standard court cost and applicable litigation taxes is sufficient to satisfy Tennessee Code Annotated section 27-5-103's appeal-bond requirement.
2. Filing the required bond within the statutory ten-day period is a condition precedent to timely perfecting an appeal from general sessions court.
3. The circuit court acquired subject matter jurisdiction over Griffin's appeal because Griffin timely filed her notice of appeal and sufficient cash bond on May 16, 2007.

Questions Presented

1. Whether Tennessee Code Annotated section 27-5-103 requires an appellant from general sessions court to file an unlimited surety bond.
2. Whether a timely cash payment equal to the standard appeal court cost and litigation taxes satisfies the appeal-bond requirement and perfects an appeal to circuit court.
3. Whether the circuit court acquired subject matter jurisdiction over Griffin's appeal.

Disposition

affirmed