G.F. PLUNK CONST. v. BARRETT PROPERTIES


640 S.W.2d 215 (1982)

G.F. PLUNK CONSTRUCTION COMPANY, INC., Appellee, v. BARRETT PROPERTIES, INC., Appellant.

Supreme Court of Tennessee.

Rehearing Denied October 25, 1982.


Attorney(s) appearing for the Case

Lee S. Saunders, Memphis, for appellant.

Joseph P. Rutledge, Jr., Memphis, for appellee.


OPINION

FONES, Chief Justice.

The threshold issue in this case is whether the appellate courts have authority to suspend the rules and waive failure to serve notice of the filing of notice of appeal upon opposing counsel and the clerk of the appellate court, as required by T.R.A.P. 5, where appellant had timely filed a notice of appeal with the clerk of the trial court in full compliance with T.R.A.P. 4.

It is undisputed that appellant filed a notice...

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