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This civil action concerns an alleged business partnership and fraud between plaintiff Jerry W. Peck and defendants William B. Tanner and Tanner-Peck, LLC, related to a billboard business. After a judgment for the defendants at the trial court level, Peck appealed. While the appeal was pending, Peck alleged misconduct by the trial court chancellor and requested the Court of Appeals to investigate these allegations. The Court of Appeals granted this request and remanded the case to the trial court for discovery, with the intention for these discovery materials to supplement the appellate record. The defendants, Tanner and Tanner-Peck, LLC, then filed an application for an extraordinary appeal to the Supreme Court, arguing that the Court of Appeals' order exceeded its appellate jurisdiction. The Supreme Court agreed with the defendants, holding that the procedure adopted by the Court of Appeals constituted an unauthorized exercise of original jurisdiction. The Supreme Court therefore vacated the Court of Appeals' order and remanded the case for resumption of the appeal as of right, suggesting that the proper remedy for the plaintiff's allegations of misconduct would be a motion pursuant to Tennessee Rule of Civil Procedure 60.
Peck v. Tanner is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
This civil action concerns an alleged business partnership and fraud between plaintiff Jerry W. Peck and defendants William B. Tanner and Tanner-Peck, LLC, related to a billboard business. After a judgment for the defendants at the trial court level, Peck appealed. While the appeal was pending, Peck alleged misconduct by the trial court chancellor and requested the Court of Appeals to investigate these allegations. The Court of Appeals granted this request and remanded the case to the trial court for discovery, with the intention for these discovery materials to supplement the appellate record. The defendants, Tanner and Tanner-Peck, LLC, then filed an application for an extraordinary appeal to the Supreme Court, arguing that the Court of Appeals' order exceeded its appellate jurisdiction. The Supreme Court agreed with the defendants, holding that the procedure adopted by the Court of Appeals constituted an unauthorized exercise of original jurisdiction. The Supreme Court therefore vacated the Court of Appeals' order and remanded the case for resumption of the appeal as of right, suggesting that the proper remedy for the plaintiff's allegations of misconduct would be a motion pursuant to Tennessee Rule of Civil Procedure 60.
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