O'Rane M. Cornish, Sr. v. The Home Depot, Incorporated

Case Number
W2006-00568-COA-R3-CV

This case arises from the trial court’s grant of summary judgment in favor of Defendant/Appellee on a malicious prosecution complaint filed by Plaintiff/Appellant. Defendant/Appellee certified that it mailed copies of its filings, including its motion for summary judgment, to an incorrect address for Plaintiff/Appellant. Under Tenn. R. Civ. P. 5.02, if by mail, service must be made to the last known address of the party. Because Defendant/Appellee mailed its notice to an incorrect address, Plaintiff/Appellant was not properly noticed. We reverse and remand.

Authoring Judge
Presiding Judge W. Frank Crawford
Originating Judge
Judge James F. Russell
Case Name
O'Rane M. Cornish, Sr. v. The Home Depot, Incorporated
Date Filed
Dissent or Concur
No
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