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FINCHUM v. ACE, USA

156 S.W.3d 536 (2004)

Mary FINCHUM, Individually and as Next of Kin to William Finchum, Deceased v. ACE, USA, individually and as successor to Cigna Insurance Company, et al.

Court of Appeals of Tennessee.

August 23, 2004.

Rehearing Denied September 22, 2004.

Permission to Appeal Denied January 24, 2005.

Attorney(s) appearing for the Case

Paul T. Gillenwater, Knoxville, Tennessee, for Appellant.

Gerald V. Weigle, Jr., Cincinnati, Ohio for Appellee, Liberty Mutual Insurance Co.

J. Thomas Jones, Knoxville, Tennessee, and James E. Rocap, III, Washington, DC, for Appellee, Travelers Casualty and Surety Co.

Permission to Appeal Denied by Supreme Court January 24, 2005.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which D. MICHAEL SWINEY, J., joined. CHARLES D. SUSANO, JR., J., Dissented and filed an opinion.

The Trial Court dismissed the Complaint on a Motion filed pursuant to Tenn. R. Civ. P. 12.02(6). We vacate and remand because the Motion to Dismiss did not comply with the Rules of Civil Procedure.

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