Allison Jacob v. Alexis Partee, et al. - Concurring Opinion
Annotate this CaseCourt Description: Authoring Judge: Presiding Judge Alan E. Highers
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IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON October 18, 2013 Session ALLISON JACOB v. ALEXIS PARTEE, ET AL. Circuit Court for Shelby County No. CT-004519-10 No. W2013-01078-COA-R3-CV - Filed October 30, 2013 SEPARATE CONCURRENCE I concur fully in the result in this case as well as in the reasoning espoused to reach such. However, I write separately to clarify this Court s holding in Jacob I. The majority implies that Jacob I required the filing of an appeal bond with no monetary limit to satisfy the requirements of section 27-5-103. Such was not the holding in Jacob. In Jacob, we held that section 27-5-103 requires an appeal bond which secures all costs incurred throughout the appeal, as opposed to an initial appeal filing fee[.] Jacob I, 389 S.W.3d at 343. Because the costs of the appeal are unknown at the time of commencing the appeal, the statute requires a litigant to secure a bond to cover all court costs incurred throughout the appeal. The statute does not require an unlimited bond as the bond amount is necessarily limited to the not-yetknown court costs. ALAN E. HIGHERS, P.J., W.S.
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