Cases

Sloan v. Nat’l Healthcorp, L.P., 2006 Tenn. App. LEXIS 580 (Tenn. Ct. App. 2006)

When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After four months of discovery, Defendant moved to compel arbitration. The trial court denied the motion ruling that Defendant could not withdraw its jury demand without Plaintiffs’ consent. On appeal, the court found that Defendant could make alternative demands in its complaint without running afoul of Tenn. R. Civ. Pro. 38.05 because when the answer was filed it did not know whether the arbitration provision would be enforceable. Decided: August 30, 2006.

Note: Tenn. R. Civ. P. 38.05 provides: The failure of a party to make demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury as herein provided may not be withdrawn without the consent of all parties as to whom issues have been joined.

Published by
David McGuffey

Recent Posts

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

2 days ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

2 days ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

3 days ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

3 days ago

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

1 month ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 months ago