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Lowe v. The Greene County Partnership

Court of Appeals of Tennessee, Knoxville

July 8, 2015

BRADLEY K. LOWE, et al.
v.
THE GREENE COUNTY PARTNERSHIP, et al.

Appeal from the Chancery Court for Greene County No. 20110105 Douglas T. Jenkins, Chancellor

Herbert S. Moncier, Knoxville, Tennessee, for the appellants.

Chad E. Wallace, Johnson City, Tennessee, for the appellee, The Greene County Partnership.

Roger A. Woolsey, Greeneville, Tennessee, for the appellees, Greene County Regional Planning Commission, Greene County Commission, and Greene County, Tennessee.

John W. McClarty, J., Charles D. Susano, Jr., C.J., and D. Michael Swiney, J.

MEMORANDUM OPINION [1]

PER CURIAM

The effective date of entry of the judgment in this case was the date upon which the order was stamped filed by the Trial Court Clerk (April 20, 2015), not the date upon which the Trial Court Clerk certified that the signed order was mailed to all parties (April 23, 2015), because at the time the order was filed by the Trial Court Clerk it contained "the signatures of the judge and one party or counsel with a certificate of counsel that a copy of the proposed order ha[d] been served on all other parties or counsel." Tenn. R. Civ. P. 58(2). The Notice of Appeal was not filed by the appellants until May 22, 2015. The appellants have not responded to the appellee's motion to dismiss.

A notice of appeal must Abe filed with and received by the clerk of the trial court within 30 days after the date of entry of the judgment appealed from." Tenn. R. App. P. 4(a). "The thirty-day time limit for filing a notice of appeal is mandatory and jurisdictional in civil cases." Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004).

Because the Notice of Appeal in this case was not timely filed, we lack jurisdiction to consider this appeal. The motion to dismiss is granted and this appeal is dismissed. Costs on appeal are taxed to the appellants, for which execution may issue if necessary.


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