Marvin Bernatsky and Patricia Bernatsky v. Designer Baths & Kitchens, LLC - Concurring Opinion

I fully concur in Judge Kirby’s well-reasoned analysis, and also agree with Judge Stafford that the word "costs" contained in the statute is ambiguous. I write separately to offer additional historical perspective and to more fully address the implications of the conclusions reached in Jacob v. Partee, No. W2012-00205-COA-R3-CV, 2012 WL 3249605 (Tenn. Ct. App. Aug. 10, 2012).