Kampert v. Valley Farmers

2 Citing cases

  1. Baskin v. Pierce & Allred Constr.

    No. M2021-00144-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2022)   Cited 1 times

    "[A] local action is based on a cause of action that can only arise in a particular locality, because 'the subject of the action' (meaning that which has sustained the injury complained of) is local, 'and cannot be injured at any other place.'" Kampert v. Valley Farmers Coop., No. M2009-02360-COA-R10-CV, 2010 WL 4117146, at *2 (Tenn. Ct. App. Oct. 19, 2010) (quoting Burger v. Parker, 290 S.W. 22, 23 (Tenn. 1926)). Unlike a transitory action, a local action may only be brought in the county where the subject matter of the dispute is located; however, "not every action that involves a specific tract of land is considered a local action."

  2. Bruce v. Jackson

    No. E2018-01997-COA-R3-CV (Tenn. Ct. App. May. 17, 2019)   Cited 2 times

    At first glance, the subject matter of the instant cause of action would seem to be transitory rather than local because the claims involved could arise anywhere. See Kampert v. Valley Farmers Coop., No. M2009-02360-COA-R10-CV, 2010 WL 4117146, at *2 (Tenn. Ct. App. Oct. 19, 2010) (explaining that in contrast to transitory actions, "[l]ocal actions generally involve land" with examples "including an action to quiet title to land, a trespass, or an injury to real estate"). However, when applicable, Tennessee Code Annotated ยง 20-4-101(b) "has been held to localize venue for an otherwise transitory action."