Court of Appeals of Tennessee August 28, 2003 (Utter v. Sherrod)

OPINION

D. MICHAEL SWINEY, J.,

delivered the opinion of the court,

in which HOUSTON M. GODDARD, P.J., and CHARLES D. SUSANO, JR., J., joined.

Howell H. Sherrod, Jr. (“Defendant”) and Jerry A. Mooneyhan (“Dr. Mooney-han”) were partners. Defendant sued Dr. Mooneyhan regarding one of their partnership projects, Quality Dental Products. Dr. Mooneyhan died during the pendency of that matter.