Herman Taylor v. State of Tennessee

This is an action for breach of contract filed by Plaintiff/Contractor against the State, together with a Counterclaim and a Third-Party Complaint against the surety company for Plaintiff/Contractor. The trial court granted partial summary judgment to Plaintiff as to liability because the State had failed to comply with the requirements of Tennessee Rule of Civil Procedure 56 in answering Plaintiff's Motion for Summary Judgment. After much procedural combat, the trial court adhered to its ruling on the Motion for Summary Judgment, dismissed the Third-Party Complaint against the surety and the Counterclaim of the State against Plaintiff, held that Plaintiff had failed to prove any damages against the State, and sustained the Motion of the State for an involuntary dismissal of Plaintiff's entire claim, taxing the costs to Plaintiff. We find that the trial court erred in granting summary judgment to Plaintiff as to liability without considering documentation and evidence submitted by the State subsequent to the initial non-final order granting partial summary judgment as to liability. It follows that the court also erred in dismissing the Counterclaim and the Third-Party Complaint against the surety. The grant of partial summary judgment as to liability is reversed, and the case is remanded to the trial court for trial on the merits.