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William T. Terrell and Martha M. Terrell v. United Van Lines, Inc., Kwick-Way Transportation Company, and Vanliner Insurance Co. - Concurring
Citation: Not availableDocket: E2004-00407-COA-R3-CV
Court: Court of Appeals of Tennessee; April 29, 2005; Tennessee; State Appellate Court
Original Court Document: View Document
In the case of William T. Terrell and Martha M. Terrell v. United Van Lines, Inc., Kwick-Way Transportation Company, and Vanliner Insurance Co., the Tennessee Court of Appeals reviewed a decision from the Chancery Court for Knox County. The appeal, numbered E2004-00407-COA-R3-CV and filed on April 29, 2005, involved Judge Daryl R. Fansler. Judge Charles D. Susano, Jr. concurred with the majority decision but expressed a viewpoint regarding the plaintiffs' motion to amend their complaint. He argued that the trial court should have permitted the amendment prior to dismissing the claim, as this aligns with Tennessee Rule of Civil Procedure 15. However, he noted that any potential error in not allowing the amendment was harmless since the trial court effectively addressed the merits of the complaint as if the amendment had been granted. Consequently, the dismissal was upheld under Tennessee Rule of Appellate Procedure 36(b).