Session Date: April 25, 2017
from the Juvenile Court for Scott County No. 2016-JV-44 James
L. Cotton, Jr., Judge
an appeal by the appellant, Amanda M.-B., from an order
terminating her parental rights to her minor child. The order
terminating the appellant's parental rights was entered
on December 12, 2016. The Notice of Appeal was not filed
until February 13, 2017, more than thirty (30) days from the
date of entry of the final order. The Attorney General, on
behalf of the appellee, Tennessee Department of
Children's Services, has filed a motion to dismiss this
appeal based upon the untimely filing of the Notice of
Appeal. Because the record confirms that the Notice of Appeal
was not timely filed, we have no jurisdiction to consider
this appeal and grant the motion to dismiss.
R. App. P. 3 Appeal as of Right; Appeal Dismissed.
M. Roberts, Knoxville, Tennessee, for the appellant, Amanda
Herbert H. Slatery, III, Attorney General and Reporter, and
W. Derek Green, Assistant Attorney General, General Civil
Division, Nashville, Tennessee, for the appellee, Tennessee
Department of Children's Services.
Scarlett Wynne Ellis, Oneida, Tennessee, Guardian Ad Litem.
R. Frierson, II, J., D. Michael Swiney, C.J., and Charles D.
Susano, Jr., J.
MEMORANDUM OPINION 
notice of appeal must "be 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);
see also Cobb v. Beier, 944 S.W.2d 343, 344 n.2
(Tenn. 1997). If a Notice of Appeal is not timely, this Court
is not at liberty to waive the procedural defect.
See Tenn. R. App. P. 2; Arfken & Assocs.,
P.A. v. Simpson Bridge Co., Inc., 85 S.W.3d 789, 791
(Tenn. Ct. App. 2002); Am. Steinwinter Investor Grp. v.
Am. Steinwinter, Inc., 964 S.W.2d 569, 571 (Tenn. Ct.
App. 1997); Jefferson v. Pneumo Services Corp., 699
S.W.2d 181, 184 (Tenn. Ct. App. 1985). This is true even in a
termination of parental rights appeal, notwithstanding the
argument advanced by the appellant in her response to the
motion to dismiss. See, e.g., In re Jayden
B.-H., No. E2013-00873-COA-R3-PT; 2013 WL 4505389, * 1
(Tenn. Ct. App., filed Aug. 21, 2013). In addition, as the
Advisory Commission's Comments to Rule 4(a) state,
nothing in the rules of appellate procedure "or any
other rule" allows the time for filing a notice of
appeal "to be extended beyond the specified 30 days,
" although in appropriate circumstances an otherwise
untimely appeal may be taken by first securing relief from
the trial court pursuant to Rule 60 of the Rules of Civil
Procedure. Tenn. R. App. P. 4(a), Advisory Comm=n Comment.
However, such relief "is generally granted in only the
most extraordinary circumstances, " and "usually
takes the form of vacating the original final judgment and
then re-entering it thus causing the thirty day period within
which to file a notice of appeal to begin to run again."
Jefferson, 699 S.W.2d at 184-85 (Tenn. Ct. App.
record in this case contains an order from the trial court
ruling upon a motion filed pursuant to Rule 60.01 of the
Tennessee Rules of Civil Procedure. The order states that the
motion was accompanied by an affidavit from the trial court
clerk. However, neither the Rule 60.01 motion nor the
affidavit from the trial court clerk appear in the record.
The order also states, without any supporting findings, that
the appellant "shall have (30) days from the date of
entry of this Order in which to file a Notice of Appeal
regarding this case." There is no indication in the
record that the trial court ever vacated and re-entered the
December 12, 2016 order. The order on the Rule 60.01 motion
also was entered on January 11, 2017. In other words, even if
the order on the Rule 60.01 motion was sufficient to extend
the time for filing a notice of appeal in this case, which it
was not, the Notice of Appeal filed on February 13, 2017, was
filed more than thirty (30) days after the date of entry of
the January 11, 2017 order purporting to extend the time for
filing a notice of appeal.
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 appellant, for which execution may
issue if necessary.