James R. Sterchi, Jr. v. Louis B. Savard, Jr., As of The Estate Of L. Basil Savard, Sr.-Concurring

• Court: Court of Appeals of Tennessee
• Decided: March 11, 2016
• Docket: E2015-00928-COA-R3-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 10, 2015 Session

JAMES R. STERCHI, JR. v. LOUIS B. SAVARD, JR., AS EXECUTOR OF THE ESTATE OF L. BASIL SAVARD, SR.

Appeal from the Circuit Court for Bradley County No. V12500 Don R. Ash, Senior Judge

No. E2015-00928-COA-R3-CV-FILED-MARCH 11, 2016

THOMAS R. FRIERSON, II, J., concurring.

I concur fully in the majority’s decision in this case. I write separately solely to express my opinion that inasmuch as this action was initiated subsequent to July 1, 2011, the standard of review for summary judgment delineated in Tennessee Code Annotated § 20-16-101 (Supp. 2015) applies. See Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 249 (Tenn. 2015) (noting that in contrast to the action in Rye, which was initiated in 2009, Tenn. Code Ann. § 20-16-101 “applies to actions filed on or after July 1, 2011.”) (citing Act of May 20, 2011, ch. 498, 2011 Tenn. Pub. Acts § 3 at 471). The statute provides:

In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it:

(1) Submits affirmative evidence that negates an essential element of the nonmoving party’s claim; or

(2) Demonstrates to the court that the nonmoving party’s evidence is insufficient to establish an essential element of the nonmoving party’s claim.

Tenn. Code Ann. § 20-16-101. See also Rye, 477 S.W.3d at 264 n.10 (stating that the Rye majority analyzed the summary judgment standard “independent of and unrelated to legislative action.”).

_________________________________ THOMAS R. FRIERSON, II, JUDGE