Tennessee Farmers Mutual Insurance Co. v. Farmer

970 S.W.2d 453, 1998 Tenn. LEXIS 367, 1998 WL 331158
CourtTennessee Supreme Court
DecidedJune 22, 1998
Docket03S01-9707-CH-00081
StatusPublished
Cited by64 cases

This text of 970 S.W.2d 453 (Tennessee Farmers Mutual Insurance Co. v. Farmer) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tennessee Farmers Mutual Insurance Co. v. Farmer, 970 S.W.2d 453, 1998 Tenn. LEXIS 367, 1998 WL 331158 (Tenn. 1998).

Opinion

OPINION

DROWOTA, Justice.

We granted this appeal to determine whether or not the Court of Appeals erred in finding that the “Motion to Reconsider” filed by the defendant, Debra Farmer, was not sufficient to allow the trial court to retain jurisdiction. We conclude that the “Motion to Reconsider” was in substance a Rule 59.04, Tenn. R. Civ. P., motion to alter or amend the judgment which allowed the trial court to retain jurisdiction of the cause and which tolled commencement of the time for filing a notice of appeal until entry of an order granting or denying the motion. Accordingly, we reverse the judgment of the Court of Appeals which held that the “Motion to Reconsider” is not authorized by the Rules of Civil Procedure and will not serve to extend the appellate process and remand to the Court of Appeals for further proceedings consistent with this decision.

FACTUAL BACKGROUND

The defendants, Debra and Joseph Farmer, were injured in a car accident on March 28, 1989. The plaintiff, Tennessee Farmers Mutual Insurance Company, their automobile insurance carrier, paid the medical expenses incurred by the Farmers. Thereafter, the defendants filed suit and obtained a recovery against the third party tortfeasor involved in the accident. When Tennessee Farmers asserted its subrogation rights, Joseph Farmer reimbursed it for the medical payments it had made on his behalf, but Debra Farmer refused to reimburse Tennessee Farmers, asserting that she had not been made whole by the recovery from the third party tortfea-sor.

• Tennessee Farmers filed a declaratory judgment action seeking a determination of its subrogation rights against Debra Farmer. On June 23, 1995, the trial court held that Tennessee Farmers was entitled to reimbursement for medical expenses it had paid on behalf of Debra Farmer. Less than thir *454 ty days later, on July 20, 1995, Debra Farmer filed a “Motion to Reconsider,” in which she requested that the trial court alter or amend its judgment to find in her favor. After a hearing, the Chancellor granted the motion, finding that Debra Farmer had not been made whole by the recovery against the third party tortfeasor and ruling that Tennessee Farmers had no right of subrogation against that recovery. The Chancellor entered the order reflecting the altered judgment on August 7,1996.

On August 29, 1996, within thirty days of the trial court’s entry of the order, Tennessee Farmers filed a notice of appeal to the Court of Appeals. ■ The parties filed their briefs, and upon mutual consent, waived oral argument and submitted the matter to the Court of Appeals for decision' on the briefs alone.

The Court of Appeals issued an opinion in which it vacated the trial court’s judgment of August 7, 1996 and reinstated the trial court’s initial judgment of June 23, 1995 in favor of Tennessee Farmers. In so holding, the Court of Appeals found that the trial court’s initial declaratory judgment became final thirty days after its entry because the “Motion to Reconsider” is not designated by the applicable rules of civil and appellate procedure as one which tolls commencement of the thirty day period within which a notice of appeal must be filed.

Thereafter we granted permission to appeal, and for the reasons herein explained, now reverse the judgment of the Court of Appeals.

ANALYSIS

We begin our analysis of this issue with Rule 4(a), Tenn. R.App. P., which requires, in an appeal as of right, that a notice of appeal be “filed with and received by the clerk of the trial court within 30 days after the date of entry of the judgment appealed from;_” However, subsection (b) of Rule 4 specifies that, if timely filed, certain post-trial motions will toll commencement of the thirty day period until the date on which an order is entered granting or denying the motion.' Subsection (b) of Rule 4 provides as follows:

In a civil action, if a timely motion under the Tennessee Rules of Civil Procedure is filed in the trial court by any party: (1) under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) under Rule 59.02 for a new trial; (4) under Rule 59.0b to alter or amend the judgment; the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any such motion.

(Emphasis added). This principle is reiterated in Rule 59.01, Tenn. R. Civ. P., which provides:

Motions to which this rule is applicable are (1) under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) under Rule 50.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) under Rule 59.02 for a new trial; or (4) under Rule 59.0b to alter or amend the judgment. These motions are the only motions contemplated in these rules for extending the time for taking steps in the regular appellate process. Motions to reconsider any of these motions are not authorized and will not operate to extend the time for appellate proceedings.

(Emphasis added.) Rule 59.04, Tenn. R. Civ. P., provides that “[a] motion to alter or amend a judgment shall be filed and served within (30) days after the entry of judgment.”

In this Court, Debra Farmer asserts that the decision of the Court of Appeals was an overly technical application of these rules which considered the form rather than the substance of the motion. She argues that despite its title, the “Motion to Reconsider” was in substance a Rule 59.04 motion to alter or amend the trial court’s judgment. She asserts that its filing -vrithin thirty days of entry of the trial court’s initial judgment tolled commencement of the time for filing a notice of appeal until the date on which an order was entered granting or denying the *455 motion. In contrast, Tennessee Farmers argues that the Court of Appeals’ judgment should be affirmed because a “Motion to Reconsider” is not listed in the applicable rules of civil and appellate procedure as one which tolls commencement of the thirty day period for filing a notice of appeal.

If we were to consider only the form of the motion filed by Debra Farmer, Tennessee Farmers would prevail in this appeal because the title “motion to reconsider” is not included among those which toll commencement of the time for filing a notice of appeal. However, courts must consider the substance of a motion in determining whether it is in fact one of the specified post-trial motions which toll commencement of the time.

This rule was applied in Bemis Co. Inc. v. Hines, 585 S.W.2d 574, 575 (Tenn.1979), in which the plaintiff had filed a written “Motion to Set Aside Decree and Restore the Cause to the Docket.” Although commenting that “neither the title nor the format of the motion bears a striking resemblance to the usual motion for new trial,” this Court found it to be “clearly ascertainable from a reading of the motion that, in substance, ...” it was a motion for a new trial.

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Cite This Page — Counsel Stack

Bluebook (online)
970 S.W.2d 453, 1998 Tenn. LEXIS 367, 1998 WL 331158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennessee-farmers-mutual-insurance-co-v-farmer-tenn-1998.