YULETIDE OFFICE SUPPLY INC.
JUSTIN MILLER, ET AL.
from the Chancery Court for Shelby County No. CH-17-0403 Jim
the order appealed is not a final judgment, we must dismiss
this appeal for lack of jurisdiction.
R. App. P. 3 Appeal as of Right; Appeal Dismissed
Richard Darnell Bennett, Memphis, Tennessee, for the
appellant, Yuletide Office Supply, Inc.
Cates, Memphis, Tennessee, for the appellees, Justin Miller,
Todd Miller, Ben Miller, Mark Light, and Highbar Trading,
Steven Stafford, P.J.W.S., Arnold B. Goldin, J., and Brandon
O. Gibson, J.
MEMORANDUM OPINION 
of the Tennessee Rules of Appellate Procedure provides that
if multiple parties or multiple claims are involved in an
action, any order that adjudicates fewer than all the claims
or the rights and liabilities of fewer than all the parties
is not final or appealable. Except where otherwise provided,
this Court only has subject matter jurisdiction over final
orders. See Bayberry Assoc. v. Jones, 783 S.W.2d 553
Pursuant to the mandates of Rule 13(b) of the Tennessee Rules
of Appellate Procedure, we reviewed the appellate record to
determine if the Court has subject matter jurisdiction to
hear this matter. After this review, it appeared to the Court
that it does not have jurisdiction. Specifically, we could
find nothing in the record reflecting that the trial court
adjudicated the following claims, as set forth in the
"Verified Complaint for Injunctive Relief and
Damages" filed on March 21, 2017: 1) an accounting and
judgment for damages; 2) judgment and treble damages for
unlawful procurement of breach of contract; 3) punitive
damages; and, 4) attorneys' fees and other costs.
by Order entered on August 14, 2017, the Court found that,
although the trial order certified its order of May 11, 2017,
as a final judgment pursuant to Rule 54.02 of the Tennessee
Rules of Civil Procedure, the order was improvidently
certified as final. The Court directed Appellant Yuletide
Office Supply, Inc. to, within ten (10) days of the entry of
that Order, obtain entry of a final judgment in the trial
court or else, within fifteen (15) days from the entry of
that Order, show cause why this appeal should not be
dismissed for failure to appeal an appealable order or
September 14, 2017, the Clerk of this Court received a
supplemental record containing the trial court's order
entered on August 23, 2017, styled "Amended Order
Granting in Part and Denying in Part Plaintiff's Claim
for Injunctive Relief" and which again certifies the
judgment as a final judgment. We, however, disagree that the
order appealed is a final judgment.
Rule 54.02 of the Tennessee Rules of Civil Procedure
When more than one claim for relief is present in an action,
whether as a claim, counterclaim, cross-claim, or third party
claim, or when multiple parties are involved, the court,
whether at law or in equity, may direct the entry of a final
judgment as to one or more but fewer than all of the claims
or parties only upon an express determination that there is
no just reason for delay and upon an express direction for
the entry of judgment. In the absence of such determination
and direction, any order or other form of decision, however
designated, that adjudicates fewer than all the claims or the
rights and liabilities of fewer than all the parties shall
not terminate the action as to any of the claims or parties,
and the ...