Randall E. Pearson, M.D. et al. v. Paul Koczera et al.

Case Number
E2015-02081-COA-R3-CV

This appeal arises from the trial court’s determination that it was without jurisdiction, following a prior appeal in the same matter, to act upon a motion seeking to alter or vacate an order entered after remand. The administrator ad litem for the third-party plaintiff has appealed from the trial court’s order determining that it lacked jurisdiction to act on her motion following remand. We determine that the trial court did possess jurisdiction to act on pending motions following the remand from the appellate courts. We therefore vacate the trial court’s order and remand this case for further proceedings. We also vacate the trial court’s order granting sanctions against the administrator ad litem for filing her motion to alter or vacate.

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Judge John D. McAfee
Case Name
Randall E. Pearson, M.D. et al. v. Paul Koczera et al.
Date Filed
Dissent or Concur
No
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