Debbie West, Individually and as the Surviving Spouse of William P. West, Deceased v. AMISUB (SFH), Inc., d/b/a St. Francis Hospital, et al. - Partial Dissent

In this case, the majority concludes that the plaintiff’s payment of $211.50 to the General Sessions Court clerk and her posting of an additional $250.00 cash bond satisfied the requirements of Tennessee Code Annotated section 27–5–103, and therefore, that the Circuit Court erred in sua sponte dismissing her appeal for lack of subject-matter jurisdiction. The majority further concludes, however, that the trial court properly granted summary judgment in favor of the defendants due to the plaintiff’s failure to comply with the certificate of good faith requirement. I disagree with the majority’s conclusion that the plaintiff satisfied the requirements of Tennessee Code Annotated section 27-5-103 so as to properly perfect her appeal from the general sessions court to the circuit court. I would find that the requirements of section 27-5-103 were not satisfied because the fee paid and the bond posted were insufficient to secure all costs incurred throughout the appeal, and, therefore, that the circuit court never acquired subject matter jurisdiction in the cause. Although I would rely upon divergent grounds, however, I fully concur in the majority’s ultimate dismissal of the case.