Baxter v. Heritage Bank & Trust

3 Citing cases

  1. In re Carlee A.

    No. W2020-01256-COA-R3-PT (Tenn. Ct. App. Jan. 26, 2022)   Cited 3 times

    Id. at *12 (quoting Baxter v. Heritage Bank & Trust, No. M2012-02689-COA-R3-CV, 2014 WL 1118072, at *3 (Tenn. Ct. App. March 19, 2014)).

  2. Clear Water Partners, LLC v. Benson

    No. E2016-00442-COA-R3-CV (Tenn. Ct. App. Jan. 26, 2017)   Cited 9 times
    Vacating an order striking a motion to alter or amend as an improper motion to reconsider

    2000).Baxter v. Heritage Bank & Trust, No. M2012-02689-COA-R3-CV, 2014 WL 1118072, at *3 (Tenn. Ct. App. March 19, 2014). The Baxter court explained that a motion filed pursuant to Rule 59.04 should be granted if the law changes before a judgment becomes final, new evidence becomes available, or to correct a "clear error of law" or prevent injustice.

  3. Demquarter Healthcare Inv'rs, L.P. v. OP Chattanooga, LLC

    No. E2016-00031-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2016)   Cited 1 times

    " Tennessee courts are not, however, bound by the titles of pleadings and motions, but will "give effect to the substance of the motion according to the relief sought." Ferguson v. Brown, 291 S.W.3d 381, 387 (Tenn. Ct. App. 2008); see also Baxter v. Heritage Bank & Trust, No. M2012-02689-COA-R3-CV, 2014 WL 1118072, at *3 (Tenn. Ct. App. Mar. 19, 2014). Tennessee Rule of Civil Procedure 57 addresses declaratory judgments and provides, in pertinent part, that "[t]he procedure for obtaining a declaratory judgment pursuant to Tennessee Code Annotated, ยง 23-1101 et seq., shall be in accordance with these rules."