Sandra Jo Robbins v. Robert Scholze Robbins
E2016-02396-COA-R3-CV
| Tenn. Ct. App. | Jan 30, 2017Background
- Robert Scholze Robbins (appellant, pro se) filed a notice of appeal claiming appeal from a final judgment entered July 28, 2016 in divorce proceedings.
- The trial court clerk informed the Court of Appeals that no final written judgment had been entered and the case remained pending below.
- The Court of Appeals issued an order to show cause why the appeal should not be dismissed as premature.
- Robbins submitted a transcript of an oral interlocutory ruling dated July 28, 2016 and argued that it constituted the final order.
- The appellee (Sandra Jo Robbins) opposed, and the Court analyzed whether an oral ruling or an interlocutory order can support an appeal.
- The Court concluded there was no written final judgment disposing of all claims; therefore it lacked jurisdiction and dismissed the appeal, taxing costs to the appellant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the July 28, 2016 oral ruling is a final, appealable order | Robbins: the oral interlocutory ruling is the final order and supports appeal | Appellee/Clerk: no written final judgment exists; oral pronouncement not effective as final order | Held: Oral ruling is not a final, appealable judgment absent a written final judgment; appeal dismissed for lack of jurisdiction |
| Whether appellate court has jurisdiction over an appeal from a non-final order | Robbins: appellate jurisdiction exists based on the July 28 pronouncement | Appellee: appellate courts have jurisdiction only over final judgments | Held: No jurisdiction; appellate courts require final judgments to hear appeals |
| Whether an oral pronouncement is effective without a written judgment | Robbins: transcript of oral pronouncement suffices | Appellee: oral pronouncement has no effect until reduced to a written judgment | Held: Oral pronouncement has no effect until entered as a written judgment |
| Whether costs should be assessed on dismissal | Robbins: (no specific argument in record) | Appellee: costs on appeal are proper when appeal is dismissed | Held: Costs taxed to appellant; execution may issue if necessary |
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)
- Bayberry Assocs. v. Jones, 783 S.W.2d 553 (Tenn. 1990) (appellate courts have jurisdiction only over final judgments)
- Envtl. Abatement, Inc. v. Astrum R. E. Corp., 27 S.W.3d 530 (Tenn. Ct. App. 2000) (oral pronouncement has no effect unless made part of written judgment)
- Knight v. Knight, 11 S.W.3d 898 (Tenn. Ct. App. 1999) (same principle regarding written judgment requirement)