Michael Dinovo, Jr. et al. v. Kenneth Binkley et al. (Dissenting)

I agree with the majority that Mr. DiNovo failed to cite the record in the argument section of his brief in violation of Tennessee Rule of Appellate Procedure 27(a)(7), which requires appropriate references to the record in the argument section itself. I also agree with the majority that violations of Rule 27 may result in the dismissal of an appeal. Where I respectfully divide from my colleagues is that I do not agree that effectively dismissing Mr. DiNovo’s appeal is the appropriate response to the violation of Rule 27 under the circumstances of this case. I would instead consider Mr. DiNovo’s appeal on the merits; accordingly, I respectfully dissent.