Session February 28, 2017
from the Circuit Court for Campbell County No. 2013-CV-15480
Don R. Ash, Judge
Goins ("Plaintiff") appeals the May 9, 2016 order
of the Circuit Court for Campbell County ("the Trial
Court") dismissing her case. Plaintiff's notice of
appeal was filed on July 8, 2016, more than thirty days from
the date of entry of the May 9, 2016 final order. As the
notice of appeal was not filed timely, we are constrained to
dismiss this appeal for lack of jurisdiction.
R. App. P. 3 Appeal as of Right; Appeal Dismissed
H. Dunaway and Rick A. Owens, LaFollette, Tennessee, for the
appellant, Rita Goins.
Gerard Jabaley and Rebecca Brake Murray, Knoxville,
Tennessee, for the appellee, Eugene Lawson.
F. Knight, III, Knoxville, Tennessee, for the appellee,
Campbell County Board of Education.
MICHAEL SWINEY, C.J., delivered the opinion of the court, in
which JOHN W. MCCLARTY and W. NEAL MCBRAYER, JJ., joined.
MICHAEL SWINEY, CHIEF JUDGE
sued Eugene Lawson ("Lawson") and the Campbell
County Board of Education ("Board of Education")
alleging several causes of action including intentional
infliction of emotional distress and tortious interference
with an employment relationship. By order entered on May 9,
2016, the Trial Court granted Lawson's motion to dismiss
as to the claims for intentional infliction of emotional
distress and violation of Tenn. Code Ann. §§
39-16-402 and 39-16-403, granted motions for summary judgment
filed by both Lawson and the Board of Education as to the
remaining claims, and dismissed the case.
then filed a motion for discretionary costs. The Board of
Education filed a motion for sanctions against Plaintiff
claiming Plaintiff's cause of action under Tenn. Code
Ann. § 50-1-310 was frivolous and also filed a motion
for discretionary costs. By order entered June 20, 2016, the
Trial Court granted both motions for discretionary costs and
denied the motion for sanctions. Plaintiff filed her notice
of appeal on July 8, 2016.
Rule of Appellate Procedure 4 provides that "the notice
of appeal required by Rule 3 shall 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). Pursuant to Tenn. R. App. P. 2 this Court may
not waive the procedural defect. Tenn. R. App. P. 2.
Supreme Court has explained:
The date of entry of a final judgment in a civil case
triggers the commencement of the thirty-day period in which a
party aggrieved by the final judgment must file either a
post-trial motion or a notice of an appeal. See
Tenn. R. Civ. P. 59.02; Tenn. R. App. P.
4(a)-(b). If timely, certain post-trial motions,
such as Defendants' motion to alter or amend, will toll
commencement of the thirty-day period for filing a notice of
appeal until the trial court enters an order granting or
denying the motion. Tenn. R. App. P. 4(b); see Binkley v.
Medling, 117 S.W.3d 252, 255 (Tenn. 2003). If a
post-trial motion is not timely, the trial court lacks
jurisdiction to rule on the motion. See Binkley, 117
S.W.3d at 255. Similarly, if the notice of appeal is
untimely, the Court of ...