· 6/22/1998
Tennessee Farmers Mutual Insurance Co. v. Farmer
Citations
- 970 S.W.2d 453
- 1998 Tenn. LEXIS 367
- 1998 WL 331158
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “courts must consider the substance of the [post-trial] motion, rather than its form”
- holding that, for purposes of the time for filing a notice of appeal, a post-trial motion will be considered a Rule 59.04 motion based upon the motion’s substance rather than form
- holding that a motion under Rule 59.04 tolls the statute of limitations for filing a notice of appeal “until entry of an order granting or denying the motion”
- holding that while a motion to reconsider is not the type of motion that tolls the time for filing a notice of appeal, courts should avoid “an overly technical application of these rules” and consider such a motion under Rule 59.04
- noting that courts interpreting the effect of post-trial motions must “consider the substance of a post-trial motion, rather than its form[,]” and that appellate review is therefore not limited by the name a party gives its motions”
- “[W]e conclude that the ‘Motion to Reconsider’ . . . is in substance a Rule 59.04 motion to alter or amend. . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Drowota, Anderson, Birch, Holder, Barker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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