MAXWELL MEDICAL, INC. v. CHUMLEY

No. M2007-01702-COA-R3-CV.

282 S.W.3d 893 (2008)

MAXWELL MEDICAL, INC., Successor in Interest to Max Well Medical, LLC., v. Loren L. CHUMLEY, Commissioner of Revenue, State of Tennessee.

Court of Appeals of Tennessee, Middle Section, at Nashville.

September 22, 2008.


Attorney(s) appearing for the Case

Michael G. Stewart, Brett R. Carter and Christopher A. Wilson, Nashville, Tennessee, for appellant.

Robert E. Cooper, Jr., Attorney General and Reporter, and Mary Ellen Knack, Senior Counsel, Office of the Attorney General, Nashville, Tennessee, for appellee.


OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which D. MICHAEL SWINEY, J., and SHARON G. LEE, J., joined.

The Clerk and Master, a substitute Judge, granted defendant summary judgment in this case, and plaintiff appealed. The record reveals that the substitute Judge was not designated in accordance with the statutes and case decisions, and we therefore vacate the summary judgment...

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