Tennessee Code 68-11-828 – Equitable proceedings – Payments from trust fund
Terms Used In Tennessee Code 68-11-828
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Whenever a nursing home is a party to a proceeding seeking equitable relief pursuant to § 68-11-213(a) or § 29-1-103 and in such other proceedings in which the court with jurisdiction over the matter finds that complete relief cannot be awarded to a person with a just claim without invoking this section, the nursing home resident protection trust fund shall be subject to the order of the court for the purposes of assisting with the costs of relocating indigent residents upon the voluntary or involuntary closure of a nursing home, of reimbursing residents for any personal funds lost while held in trust by a nursing home, or of maintaining, in the interests of the residents’ health and safety, the on-going operation of a nursing home pending the conclusion of the legal proceedings.