Declaratory Judgments

Declaratory Judgments – Indispensable Party

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

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

 

Town of Monterey, Tennessee v. The Garden Inn, LLC, No. M2020-01511-COA-R3-CV (Tenn. Ct. App. May 24, 2022).

Whether or not a party is indispensable to a declaratory judgment action is in the discretion of the trial court and will be reviewed using the abuse of discretion standard.[Tennessee Farmers Mut. Ins. Co. v. DeBruce, 586 S.W.3d 901,] 905 [Tenn. 2019).]   Editor’s Note:  this case holds that the failure to join an indispensable party results in a lack of subject matter jurisdiction.

 

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