JOSEPH FARMER v. FIVE STAR BUILDING GROUP, LLC, ET AL. - Articles

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JOSEPH FARMER v. FIVE STAR BUILDING GROUP, LLC, ET AL.

Posted by: Azya Thornton on Jul 30, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Houston M. Gunn and Gregory H. Fuller, Brentwood, Tennessee, for the employer-appellant, Five Star Building Group, LLC.

Attorneys 2: Ashely B. McGee, Nashville, Tennessee, for the employee-appellee, Joseph Farmer.

Judge(s): GODKIN

In this appeal, the employer asserts the trial court’s refusal to hear its dispositive motion until after an expedited hearing had taken place was an abuse of discretion and a violation of its right to procedural due process. The regulations governing dispositive motions specify that such motions must include the date of the hearing in the body of the motion and will not be heard until a scheduling order has been entered. The trial court issued a “Scheduling Order/Order Setting Expedited Hearing, ” which stated that the employer “may file a dispositive motion, but it will not be heard until after the expedited hearing.” The employer has appealed. Upon careful consideration of the record, we affirm the trial court’s order and remand the case.

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