Deborah J. Meadows v. Ronald E. McCarter
E2017-00525-COA-R3-CV
| Tenn. Ct. App. | Aug 11, 2017Background
- Deborah J. Meadows (Plaintiff) obtained a trial-court ruling awarding relief but the trial court had not resolved the amount of attorney’s fees or fully adjudicated claims against Tiffany Sharp.
- Ronald E. McCarter (Defendant) filed a notice of appeal from that ruling.
- The Court of Appeals reviewed the record under Tenn. R. App. P. 13(b) to determine subject-matter jurisdiction.
- The panel issued a show-cause order because the appealed order was not a final judgment; Defendant did not respond.
- The Court concluded unresolved claims and issues remained below, so the appeal was premature and there was no jurisdiction.
- The appeal was dismissed without prejudice; costs taxed to Defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appealed order was a final, appealable judgment | Finality implied because core relief was granted | Order not final because attorney’s fees amount and claims against Sharp remained unresolved | Not final; appeal dismissed for lack of jurisdiction |
| Whether appellate jurisdiction can be retained over the interlocutory order under Rule 2 suspension | (No argument made to suspend) | Sought immediate appellate review (by appeal) | No suspension invoked or justified; Rule 3(a) finality requirements apply |
| Whether court may proceed despite Defendant not responding to show-cause | N/A | Failed to respond to show-cause order | Court relied on record; dismissal for lack of jurisdiction stands |
| Whether dismissal is with prejudice | N/A | N/A | Dismissed without prejudice to a new appeal after final judgment |
Key Cases Cited
- In re Estate of Henderson, 121 S.W.3d 643 (Tenn. 2003) (final judgment resolves all issues and leaves nothing for trial court to do)
- State ex rel. McAllister v. Goode, 968 S.W.2d 834 (Tenn. Ct. App. 1997) (definition of finality for appealability)
- Bayberry Assocs. v. Jones, 783 S.W.2d 553 (Tenn. 1990) (appellate courts have jurisdiction only over final judgments unless rule/statute provides otherwise)
- Ingram v. Wasson, 379 S.W.3d 227 (Tenn. Ct. App. 2011) (lack of appellate jurisdiction cannot be waived)
- Meighan v. U.S. Sprint Communications Co., 924 S.W.2d 632 (Tenn. 1996) (jurisdictional defects are not subject to waiver)