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VAWTER, KENNEDY AND KENNEDY v. VAWTER

776 S.W.2d 520 (1989)

VAWTER, KENNEDY AND KENNEDY, P.C., a Tennessee Professional Corporation, for the Use and Benefit of Bobby G. KENNEDY, Plaintiff-Appellant, v. Vilas V. VAWTER, Jr. and Von Gammon, Defendants-Appellees.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied September 25, 1989.

Attorney(s) appearing for the Case

T.F. Jackson, III, Donald Capparella, Memphis, for plaintiff-appellant.

William H. Lawson, Jr., Russell J. Hensley, Ava M. Hicks, Memphis, for defendants-appellees.

OPINION

DROWOTA, Chief Justice.

This appeal presents both procedural and substantive issues. The Chancellor granted Defendant's motion to dismiss for failure to state a claim upon which relief could be granted. The Court of Appeals in a split decision affirmed and dismissed the case on procedural grounds. Judge Frank Crawford dissented stating that he would reverse the decision of the trial court and remand for a hearing on the merits. We granted Plaintiff...

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