Session October 19, 2017
from the Circuit Court for Blount County No. L-19194 David R.
Annette Christenberry ("Plaintiff"), pro se,
appeals the April 19, 2017 judgment of the Circuit Court for
Blount County ("the Trial Court") granting summary
judgment to Ocwen Loan Servicing, LLC and Wells Fargo Bank,
N.A., among other things. Plaintiff's brief on appeal
fails to comply in any meaningful way with Tenn. R. App. P.
27. We, therefore, find that Plaintiff has waived her issues
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed Case Remanded
Annette Christenberry, Seymour, Tennessee, pro se appellant.
S. Sauer and Brian R. Epling, Nashville, Tennessee, for the
appellees, Ocwen Loan Servicing, LLC and Wells Fargo Bank,
N.A., as trustee.
MICHAEL SWINEY, C.J., delivered the opinion of the court, in
which JOHN W. MCCLARTY and D. KELLY THOMAS, JR., JJ., joined.
MEMORANDUM OPINION 
MICHAEL SWINEY, CHIEF JUDGE.
January of 2016, Plaintiff, pro se, filed a complaint in the
Trial Court against Ocwen Loan Servicing, LLC, Mackie Wolf
Zientz & Mann, P.C., "Option One Mortgage (non
existing)" and "American Home Mortgage Servicing
(non-existing)." This suit later was consolidated with
an appeal from a judgment of the General Sessions Court for
Blount County involving Plaintiff and defendants Ocwen Loan
Servicing, LLC; Wells Fargo Bank, N.A.; and Mackie Wolf
Zientz & Mann, P.C.
Loan Servicing, LLC and Wells Fargo Bank, N.A.
("Defendants") filed a motion for summary judgment.
After a hearing on the motion, the Trial Court entered its
order on April 19, 2017, granting summary judgment to
Defendants dismissing Plaintiff's cases with prejudice
and issuing a writ of possession to Defendants for possession
of the subject property after finding and holding, inter
At the hearing on March 13, the Court once again explained to
Ms. Christenberry that it is necessary that she file the
appropriate pleadings and other filings with the Court.
Specifically, the Court noted that while she had filed what
she styled answers to the movants' motion, she had failed
to file a response to movants' statement of undisputed
material facts. While the Court could have issued summary
judgment at the hearing, the Court heard argument, took the
matter under advisement, and gave Ms. Christenberry until
April 3, 2017 to file a proper response to the statement of
undisputed material facts. Movants were then given until
April 17 to file any additional pleadings, if any, which they
may wish to file.
On April 3, 2017, Ms. Christenberry filed what she styled
"exhibits of proof in above styled lawsuit" which
makes absolutely no reference to movants' statement of
undisputed material facts, which are now before the Court
* * *
Again, those facts are unrebutted. They negate essential
elements of Plaintiff, Ms. Christenberry's, claim in case
no. L-19194 and establish that she cannot prove her claim,
and they further establish, in case no. L-19272, that there
are no genuine issues of material fact, and movants are
entitled to judgment as a matter of law, including entry of a
writ of possession. It is further noted that any of Ms.
Christenberry's claims for conversion relating to