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Buttram v. Ramsey

Court of Appeals of Tennessee, Knoxville

May 15, 2018

SANDRA BUTTRAM
v.
KENNETH RAMSEY

          Assigned on Briefs May 1, 2018

          Appeal from the Circuit Court for Hamilton County No. 16C1460 J.B. Bennett, Judge

         Kenneth Ramsey ("Defendant"), pro se, appeals the April 18, 2017 order of the Circuit Court for Hamilton County ("the Circuit Court") granting Plaintiff's motion to dismiss Defendant's appeal from General Sessions Court to the Circuit Court. Defendant's brief on appeal severely fails to comply with Tenn. R. App. P. 27. We, therefore, find that Defendant has waived his issues on appeal. We affirm the Trial Court's April 18, 2017 order.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed Case Remanded

          Kenneth E. Ramsey, Chattanooga, Tennessee, pro se appellant.

          Peter C. Ensign, Chattanooga, Tennessee, for the appellee, Sandra Buttram.

          D. MICHAEL SWINEY, C.J., delivered the opinion of the court, in which W. NEAL MCBRAYER and ARNOLD B. GOLDIN, JJ. joined.

          MEMORANDUM OPINION [1]

          D. MICHAEL SWINEY, CHIEF JUDGE

         Sandra Buttram ("Plaintiff") sued Defendant and Sandra Ramsey in the General Sessions Court for Hamilton County ("General Sessions Court") seeking, among other things, re-possession of rental property. The General Sessions Court granted Plaintiff judgment by default for possession. Defendant filed a motion to set aside the default judgment, a petition to hold judgment as void, and a motion to stay execution of judgment. Defendant also filed a notice of appeal to this Court. By order entered February 9, 2016, this Court determined that it lacked subject matter jurisdiction and transferred the appeal to the Circuit Court. Defendant then filed a Petition for Writ of Mandamus in the Circuit Court.

         Plaintiff filed a motion to dismiss the appeal in Circuit Court alleging, in part, that the General Sessions Court had denied Defendant's motions; that Defendant failed to timely appeal the judgment of the General Sessions Court granting Plaintiff possession; that thereafter Plaintiff filed suit in the Chancery Court for Hamilton County ("the Chancery Court") seeking to quiet title to the real property at issue; that in September of 2016 the Chancery Court had entered an order divesting all right, title and interest in the property out of Defendant and Sandra Ramsey and into Plaintiff; and that Defendant did not appeal the judgment of the Chancery Court, which became final.

         By order entered April 18, 2017, the Circuit Court granted Plaintiff's motion and dismissed Defendant's appeal from the General Sessions Court after finding and holding, inter alia:

This matter came to be heard on March 20, 2017, on Plaintiff's Motion to Dismiss before the Honorable Marie Williams, sitting in place of the Honorable J.B. Bennett. The matter was duly called and only the Plaintiff, in person and through counsel, appeared.
After review of the pleadings and hearing of argument, Judge Williams granted Plaintiff's Motion to Dismiss. Subsequently, on March 21, 2017, Defendant Kenneth Ramsey appeared in Judge Bennett's court room claiming his notice stated the hearing was on March 21, 2017. Plaintiff's counsel agreed to move the hearing to April 3, 2017, and not enter any order from Judge Williams.
On April 3, 2017, counsel for Plaintiff again appeared, but Defendant Kenneth Ramsey did not appear. As well, Defendant Kenneth Ramsey has never filed any response to the ...

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