Appellee’s Right to Raise Issues on Appeal

Except as indicated, all indented material is copied directly from the court’s opinion.

Opinions of the Tennessee Supreme Court

Lemon v. Williamson County Schools, 618 S.W.3d 1, 11 (Tenn. 2021).

Rule 11 does not require the filing of an answer to a Rule 11 application. Once we accept a Rule 11 application for permission to appeal, the entire case is before the Court, and any party may raise an issue that was previously considered by the lower courts. See, e.g., Tenn. R. App. P. 13(a) advisory commission cmt. (“[O]nce any party files a notice of appeal, the appellate court may consider the case as a whole”). In this respect, we have explained:

        Parties who have not filed their own application for permission to appeal may present issues other than those presented by the appellant or party seeking Tenn. R. App. P. 11 relief. To do so, however, Tenn. R. App. P. 27(b) requires a party to include in its brief “the issues and arguments involved in [its] request for relief as well as the answer to the brief of the appellant [or party seeking Tenn. R. App. P. 11 relief].” An issue may be deemed waived, even when it has been specifically raised as an issue, when the brief fails to include an argument satisfying the requirements of Tenn. R. App. P. 27(a)(7). By the same token, an issue may be deemed waived when it is argued in the brief but is not designated as an issue in accordance with Tenn. R. App. P. 27(a)(4).

Hodge v. Craig, 382 S.W.3d 325, 335 (Tenn. 2012) (alterations in original) (footnote and citations omitted); see also Tenn. R. App. P. 3(h) (“Consistent with Rule 13(a), cross appeals and separate appeals are not required. Consequently, upon the filing of a single notice of appeal in a civil case, issues may be brought up for review and relief pursuant to these rules by any party.”); Tenn. R. App. P. 3(h) 2015 advisory commission cmt. Thus, the issues raised by Ms. Lemon in her brief to this Court are not waived.


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