Battery Alliance, Inc., et al. v. Allegiant Power, LLC, et al.

Case Number
W2015-02389-COA-R3-CV

In this dispute among competing battery distribution companies, the plaintiff companies appeal the trial court's grant of summary judgment in favor of the defendant company and its employees. The plaintiffs also appeal the trial court's denial of their motion to dismiss the defendant company's counterclaim on jurisdictional grounds. Having determined that the trial court granted summary judgment without stating the legal basis for its decision prior to instructing the defendants' counsel to prepare a template for the court's order, we conclude that the trial court failed to fully comply with the procedural requirements of Tennessee Rule of Civil Procedure 56.04. We therefore vacate the trial court's order granting summary judgment in favor of the defendants and denying the plaintiffs' motion to compel discovery. We affirm the trial court‟s denial of the plaintiffs' motion to dismiss the defendant company's counterclaim. We remand to the trial court for further proceedings consistent with this opinion, including a determination of the defendants' motion for summary judgment in compliance with Rule 56.04 and of the plaintiffs' motion to compel discovery.

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Chancellor Jim Kyle
Case Name
Battery Alliance, Inc., et al. v. Allegiant Power, LLC, et al.
Date Filed
Dissent or Concur
No
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