Bivins v. Hospital Corp. of America

910 S.W.2d 441, 1995 Tenn. App. LEXIS 421
CourtCourt of Appeals of Tennessee
DecidedJune 23, 1995
StatusPublished
Cited by23 cases

This text of 910 S.W.2d 441 (Bivins v. Hospital Corp. of America) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bivins v. Hospital Corp. of America, 910 S.W.2d 441, 1995 Tenn. App. LEXIS 421 (Tenn. Ct. App. 1995).

Opinion

[443]*443 OPINION

TODD, Presiding Judge, Middle Section.

The plaintiff, Joanne T. Bivins, has appealed from the judgment of the Trial Court overruling her Rule 60.02 motion for relief from a previous summary judgment dismissing her suit against the captioned defendants.

Plaintiff presents two issues, of which the first is as follows:

Whether the Chancellor abused his discretion in denying the plaintiffs Tenn. R.Civ.P. 60.02 motion in order to allow a delayed appeal where a timely, albeit defective notice, had been filed in the first instance.

This issue requires a detailed examination of the unfortunate history of the case.

On August 20, 1992, a complaint was filed over the following signatures:

ATTORNEYS FOR PLAINTIFF
/s/Stanton Bloom
300 North Main, Suite 205
Tucson, Arizona 85701
(602) 623-5821
/s/Joyce M. Grimes, Reg. No. 1S809
Third Floor, Noel Place
200 Fourth Avenue, North
Nashville, Tennessee 37219-0375
(615) 256-9999

On August 21, 1992, the following motion was filed:

Comes Joyce M. Grimes, co-counsel for plaintiff, Joanne T. Bivins, and moves the Court for an order allowing Stanton Bloom of the Arizona Bar to appear in this cause ;pro hac vice, pursuant to Rule 19, Rules of the Supreme Court of the State of Tennessee.
The affidavit of Stanton Bloom, is attached.

On October 22, 1992, the Trial Court entered the following order:

Order of Admission Pro Hoc Vice
Upon motion of the plaintiff, Joanne T. Bivins, by its co-counsel, Joyce M. Grimes. It is ordered that Stanton Bloom, of the Arizona Bar be admitted to practice in the Chancery Court for Davidson County, Tennessee, Part II, in the above-styled cause, pursuant to Rule, 19, Rules of the Supreme Court of the State of Tennessee.

Rule 19(2) of the Supreme Court of Tennessee reads as follows:

No foreign lawyer may appear pro hac vice in any court of this State unless he or she has first associated a lawyer who is licensed, in good standing, resides and maintains a law office in the State of Tennessee. The Tennessee lawyer and the lawyer appearing pro hac vice, shall sign all pleadings, motions, briefs, etc., and the Tennessee lawyer shall personally appear for all court proceedings, unless excused by the court in which the case is pending. (Emphasis supplied.)

On October 11, 1993, the Trial Court entered an order sustaining defendants’ motions for summary judgment and dismissing plaintiffs suit with prejudice.

On October 12,1993, “Plaintiffs Motion for Rehearing” was filed over the signature of the above mentioned Stanton Bloom. Signature of Tennessee counsel does not appear on said motion.

On October 14, 1993, the above mentioned Tennessee counsel filed a “Motion to Withdraw as Counsel,” stating:

Joyce M. Grimes Motion to Withdraw as Counsel
Comes Joyce M. Grimes and respectfully moves the court to allow her to withdraw as counsel in the above-styled ease. As grounds for this motion, movant would respectfully state:
1. Lead counsel Stanton Bloom has been a zealous advocate for the plaintiff, Ms. Bivins.
2. Mr. Bloom and the movant have philosophical differences regarding the handling of this case such that it would be improper for movant to remain as counsel in this case.
For all the above reasons, movant respectfully requests that she be allowed to immediately withdraw as counsel from this case, and that plaintiff be given sufficient time to obtain new local counsel. The affidavit of Joyce M. Grimes is attached in support of this motion.

[444]*444On October 29,1993, a notice of appeal was filed in the following form:

Notice of Appeal
Comes now the plaintiff, by and through her attorney, Stanton Bloom, and appeals to the Court of Appeals from the granting of the defendant’s Motion for Summary Judgment on the 11th day of October, 1993.
Dated this 28th day of October, 1993.
Respectfully submitted,
/s/Stanton Bloom
Stanton Bloom, P.C.
Kingan Place
325 West Franklin Street
Tucson, Arizona 85701
(602) 623-5821
Attorney for Plaintiff Joanne Bivins

Said notice of appeal bears no signature of any licensed Tennessee lawyer.

On November 8, 1993, defendants filed a response to plaintiff’s motion for rehearing, relying in part upon the failure of plaintiffs Tennessee lawyer to sign the motion as required by Supreme Court Rule 19.

On November 9, 1993, plaintiff filed an “Objection to the Withdrawal of Joyce M. Grimes as Counsel.” The objection was signed by the above named Arizona lawyer and no Tennessee lawyer.

On November 9, 1993, the same Arizona lawyer filed a “Supplement to Motion for Rehearing” without the signature of a Tennessee lawyer. This pleading contained a certificate of service upon adversary counsel, the Trial Judge and “Court of Appeals.”

On November 12, 1993, a second notice of appeal from the October 11, 1993 judgment was filed over the signature of the Arizona lawyer without joinder of a Tennessee lawyer.

On the same date, November 12, 1993, without joinder of a Tennessee lawyer, the Arizona lawyer filed a “Reply of Joanne Bivins to the Responses of Hospital Corporation of America, et al (all defendants) to plaintiffs Motion for Rehearing Objection to Order and Motion to Withdraw.” No Tennessee lawyer joined in this document which concluded with a statement that the Trial Judge should recuse himself nunc pro tunc.

On November 16, 1993, the Trial Court entered an order granting the motion of Tennessee counsel to withdraw, releasing Tennessee counsel from suretyship for cost and allowing plaintiff 45 days to obtain local counsel.

On November 18, 1993, the Trial Court entered an order reading as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
910 S.W.2d 441, 1995 Tenn. App. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bivins-v-hospital-corp-of-america-tennctapp-1995.