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Yuletide Office Supply Inc. v. Miller

Court of Appeals of Tennessee, Jackson

September 26, 2017

YULETIDE OFFICE SUPPLY INC.
v.
JUSTIN MILLER, ET AL.

         Appeal from the Chancery Court for Shelby County No. CH-17-0403 Jim Kyle, Chancellor

         Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Richard Darnell Bennett, Memphis, Tennessee, for the appellant, Yuletide Office Supply, Inc.

          Taylor Cates, Memphis, Tennessee, for the appellees, Justin Miller, Todd Miller, Ben Miller, Mark Light, and Highbar Trading, LLC.

          J. Steven Stafford, P.J.W.S., Arnold B. Goldin, J., and Brandon O. Gibson, J.

          MEMORANDUM OPINION [1]

          PER CURIAM

         Rule 3 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 (Tenn. 1990).

          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.

         Thus, 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 judgment.

         On 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 provides:
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 ...

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