Wayne Haddix d/b/a 385 Ventures v. Jayton Stinson
Syllabus
This appeal arises from a breach of contract action wherein the appellee was directed to deposit funds owed to the appellant with the Clerk and Master. The appellee claimed an interest in some of the deposited funds pursuant to a separate contract. The trial court granted a default judgment in favor of the appellee for the requested amount. Because the appellant failed to comply with the briefing requirements set out in Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss the appeal.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant bears the burden of proving failure to mitigate for the period prior to trial and the plaintiff bears the burden of proving post-trial loss of earning capacity
- collecting cases and discussing a split of authority on the proper circumstances for giving such instructions
- stating that when the employee is given a specific order—that is, where he or she is told to perform a specific task in a particular way \he is not contributorily negligent; rather his conduct falls under the abolished doctrine of assumption of risk.\
- “If anything, the plain error power in the civil context — which is judicially rather than statutorily created — should be used even more sparingly.”
- “[W]hen the plaintiff has reasonable altema-tives available to him, he must act reasonably in performing his job_ [I]f he acts unreasonably, he is answerable for contributory negligence.”
- “If anything, the plain error power in the civil context – which is judicially rather than statutorily created – should be used even more sparingly.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.