Pee Wee Wisdom Child Development Center and Vivian Braxton v. Robert E. Cooper, Jr., in his official capacity as Attorney General & Reporter for the State of Tennessee - Dissenting

Case Number
W2010-00484-COA-R10-CV

I must respectfully dissent from the majority opinion in this case. I would hold that the Shelby County trial court properly found that it did not have subject matter jurisdiction over a lawsuit  against the Attorney General. Because the lawsuit named the Attorney General as the defendant and sought substantial relief against the Attorney General, under the doctrine of sovereign immunity and Tennessee Code Annotated § 4-4-104, I would hold that only the Davidson County court had jurisdiction over the lawsuit. I would hold that the trial court erred only in declining to transfer the case to Davidson County in the interests of justice.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Judge Walter L. Evans
Case Name
Pee Wee Wisdom Child Development Center and Vivian Braxton v. Robert E. Cooper, Jr., in his official capacity as Attorney General & Reporter for the State of Tennessee - Dissenting
Date Filed
Dissent or Concur
No
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