Edith Johnson v. Mark C. Hopkins
2013 Tenn. LEXIS 1010
| Tenn. | 2013Background
- Landlords (Edith Johnson & Lisa Miller) sued Tenants (Mark Hopkins & Milton Williams) in General Sessions Court for unlawful detainer and unpaid rent; default judgment awarded Landlords possession and $42,500.
- Tenants surrendered possession of the premises on August 8, 2012, the day before the General Sessions hearing.
- Tenants appealed to Circuit Court and posted the procedural cost bond ($250) required by Tenn. Code Ann. § 27-5-103(a).
- Landlords moved to dismiss the appeal, arguing Tenn. Code Ann. § 29-18-130(b)(2) required Tenants to post a bond equal to one year’s rent to perfect the appeal even though Tenants had surrendered possession.
- Circuit Court denied the motion to dismiss; the Tennessee Supreme Court granted review to decide whether § 29-18-130(b)(2)’s one-year-rent bond applies when a tenant has surrendered possession prior to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tenn. Code Ann. § 29-18-130(b)(2) requires a tenant appealing an adverse General Sessions unlawful detainer judgment to post a bond equal to one year’s rent even if tenant surrendered possession before appeal | Landlords: statute requires all tenants appealing adverse judgments to post one year’s rent bond, so Tenants failed to perfect appeal and Circuit Court lacks jurisdiction | Tenants: bond applies only when tenant remains in possession and seeks to stay writ; having surrendered possession, the cost bond under § 27-5-103(a) suffices | Court held § 29-18-130(b)(2) does not apply where tenant surrendered possession; the one-year-rent bond is non-jurisdictional and only required to stay possession during appeal |
Key Cases Cited
- Chapman v. DaVita, Inc., 380 S.W.3d 710 (Tenn. 2012) (party asserting subject-matter jurisdiction bears burden)
- In re Estate of Trigg, 368 S.W.3d 483 (Tenn. 2012) (subject-matter jurisdiction is threshold and may be raised any time)
- Lind v. Beaman Dodge, Inc., 356 S.W.3d 889 (Tenn. 2011) (statutory construction principles; give words their ordinary meaning)
- Newport Hous. Auth. v. Ballard, 839 S.W.2d 86 (Tenn. 1992) (history/purpose of unlawful detainer statutes)
- Cain P’ship, Ltd. v. Pioneer Inv. Servs. Co., 914 S.W.2d 452 (Tenn. 1996) (unlawful detainer as remedy and relation to lease termination)
- Elliot v. Lewis, 463 S.W.2d 698 (Tenn. 1971) (when tenant surrenders possession, no bond covering future rent required to perfect appeal)