Current Pending Cases – Civil
City of Memphis v. George Edwards By and Through Elizabeth W. Edwards (Trial Court Failure to Proceed with Judicial Review Due to Incomplete Administrative Record)
Style: City of Memphis v. George Edwards By and Through Elizabeth W. Edwards
TSC Docket Number: W2022-00087-SC-R11-CV
Court of Appeals Opinion: https://tncourts.gov/sites/default/files/OpinionsPDFVersion/EdwardsElizabethWOPN.pdf
Summary by the Court of Appeals:
Appellant City of Memphis appeals the dismissal of its petition for judicial review of the ruling of an administrative law judge. The trial court dismissed the appeal on the ground that the City failed to provide the entire administrative record. Despite profound deficiencies in the City’s brief, the dispositive issue is one of law and involves only the question of whether the trial court should have proceeded with its review on the partial administrative record. Because our review is de novo on questions of law, we exercise our discretion under Tennessee Rules of Appellate Procedure 2 and 13(b) to proceed with adjudication of the appeal on the merits. We conclude that the trial court should have proceeded with its review on the partial administrative record; as such, we reverse the trial court’s dismissal of the appeal and remand for further hearing.
Permission to Appeal Granted: July 5, 2023
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