Opinion

Advanced Photographic Solutions, LLC v. National Studios, Inc.

  • 352 S.W.3d 431
  • 2011 Tenn. App. LEXIS 696
  • 2011 WL 400372
Court
Court of Appeals of Tennessee
Filed
Mar 8, 2011
Status
Published
On the bench
D. Michael Swiney
Cited by
3 cases

The opinion

ORDER ON PETITION FOR REHEARING

Petitioner Harold Lewis (“Lewis”) filed a Petition for Rehearing pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. Lewis sought reconsideration on the issue of whether Advanced had a legal right to enforce the Lewis guaranty and alleged that the issue involved a question of law, which should not have been submitted to the jury “and the jury’s conclusions on that issues [sic] should not have been given any deference.” Unfortunately for Lewis, this issue was not raised in the appeal filed with this Court. Nor was this issue raised in Lewis’ and National Studios, Inc.’s motion for new trial. Pursuant to Tenn. R. App. P. 3(e):

[I]n all cases tried by a jury, no issue presented for review shall be predicated upon error in the admission or exclusion of evidence, jury instructions granted or refused, misconduct of jurors, parties or counsel, or other action committed or occurring during the trial of the case, or other ground upon which a new trial is sought, unless the same was specifically stated in a motion for a new trial; otherwise such issues will be treated as waived.

As the issue raised in the Petition for Rehearing was not specifically raised in the motion for new trial, it was waived. All other matters raised in the Petition were fully argued by the parties, considered by this Court, and sufficiently addressed in our Opinion. Therefore, we find the Petition is not well taken, and is DENIED. Costs related to this Rule 39 Petition for Rehearing are taxed to Petitioner Harold Lewis.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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