Assigned on Briefs June 1, 2017
from the Circuit Court for Blount County No. L-19217 David
Reed Duggan, Judge
plaintiff filed a complaint against three entities asserting
claims for breach of contract, among others. The trial court
granted each defendant's motion to dismiss the complaint.
The plaintiff filed a timely notice of appeal as to two of
the three orders dismissing her complaint, and the Court of
Appeals granted the third defendant's motion to be
dismissed from the appeal. On appeal, the plaintiff argues
the trial court improperly granted the third defendant's
motion to dismiss for procedural reasons, and she complains
the trial court refused to provide her with a transcript of
the hearings. Finding no merit to the plaintiff's
arguments, we affirm the trial court's judgments.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
D. Bennett, J., delivered the opinion of the Court, in which
Charles D. Susano, Jr., and Kenny W. Armstrong, JJ., joined.
Kimberly Rollick, Maryville, Tennessee, Pro Se.
A. Haltom, Nashville, Tennessee, for the appellee, J.P.
Morgan Chase Bank, N.A.
Brandon Derek Sizemore, Knoxville, Tennessee, for the
appellee, Wilson & Associates PLLC.
D. BENNETT, JUDGE.
Giles Rollick filed a complaint against Citizens Bank of
Blount County ("CBBC"), J.P. Morgan Chase Bank,
N.A. ("Chase"), and Wilson & Associates, PLLC
("W&A") on February 2, 2016. She alleged causes
of action for breach of contract, fraud and racketeering,
usury and racketeering, and violations of the truth and
lending law. W&A filed a verified denial and answer to
the complaint. When Ms. Rollick failed to respond to
W&A's verified denial, W&A filed a motion to
dismiss. CBBC filed a motion to dismiss on the basis that Ms.
Rollick's causes of action were barred by the applicable
statutes of limitations. Chase filed a motion to dismiss on
the grounds of res judicata.
trial court held a hearing on CBBC's motion on April 8,
2016, and it issued an order on April 21, 2016, dismissing
the complaint against CBBC "with prejudice as being time
barred by the applicable statutes of limitation."
Finding no reason for delay, the trial court wrote that its
order "shall constitute a final order pursuant to Tenn.
R. Civ. P. 54.02." The court heard arguments on
Chase's and W&A's motions to dismiss on June 6,
2016, and it issued an order on June 9 granting Chase's
motion and an order on June 20 granting W&A's motion.
In its order granting W&A's motion, the court wrote:
"This Order is a final Order as it relates to Defendant
W&A in accordance with Rule 54.02 of the Tennessee Rules
of Civil Procedure."
Rollick filed a Notice of Appeal on July 8, 2016, in which
she appealed only two of the three orders the trial court
issued dismissing her complaint: she appealed the order
granting W&A's motion to dismiss, and she appealed
the order granting Chase's motion to dismiss. Then, on
August 4, 2016, Ms. Rollick filed a "supplement/
amendment" to her notice of appeal in which she sought
to add the order granting CBBC's motion to dismiss to the
other orders she was appealing. CBBC objected to Ms.
Rollick's attempt to supplement or amend her initial
notice of appeal, arguing that the thirty-day period within
which an appellant must file a notice of appeal is
"mandatory and jurisdictional" pursuant to Tenn. R.
App. P. 4. CBBC also moved for an order dismissing it from
the appeal. This Court agreed with CBBC and issued an order
on March 29, 2017, denying Ms. Rollick's request to
supplement or amend her notice of appeal and dismissing CBBC
from the appeal. We wrote:
The appellant's supplement/amendment to her Notice of
Appeal, which was filed on August 4, 2016, and supplemented
the Notice of Appeal originally filed on July 8, 2016, was
not filed within thirty (30) days of the April 21, 2016 date
of entry of the Rule 54.02 final judgment dismissing the
appellant's case against CBBC. Because the
appellant's August 4, 2016 supplement/amendment to her
Notice of Appeal is the only notice of appeal document
directed to the April 21, 2016 judgment, the Court concludes
that a timely notice of ...