Joe Clyde Tubwell v. City of Memphis, 413 S.W.3d 77

Tubwell was cited for disobeying a red light under Memphis Municipal Code § 21-371.3A.
City Court found Tubwell guilty on January 23, 2012 and ordered $185 in fines and costs.
Tubwell sought de novo review in the Shelby County Circuit Court via a petition to proceed in forma pauperis.
Tubwell filed an indigent-affidavit in the circuit court, but the city-court bond/pauper oath was unsigned and not properly verified.
A second, properly executed indigence affidavit was filed in the circuit court, but no proper bond/oath was filed in the city court as required.
The circuit court dismissed Tubwell’s appeal for lack of jurisdiction due to failure to perfect the appeal with a proper bond or pauper’s oath in the city court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court had jurisdiction to hear the appeal.	Tubwell alleges proper indigency procedures were met for appeal to circuit court.	City contends no proper bond or pauper’s oath was filed in the city court, so appeal was not perfected.	Yes; lack of proper bond/oath in city court deprived circuit court of jurisdiction.

Red Boiling Springs v. Whitley, 777 S.W.2d 706 (Tenn. Ct. App. 1989) (bond or pauper’s oath must be filed in the court from which the appeal is taken)
Hessmer v. Hessmer, 138 S.W.3d 901 (Tenn. Ct. App. 2003) (procedural rules for pro se appellants and perfection of appeals)