Session August 22, 2019
from the Chancery Court for Anderson County No. 16CH8303 M.
Nichole Cantrell, Chancellor
Wilmington Savings Fund Society brought this action for
foreclosure on property owned by defendants Reginald Hall and
Rhonda Hall, requesting that the trial court declare its debt
from a loan secured by deed of trust to have priority over
debts allegedly owed by the Halls to other named defendants.
The trial court granted plaintiff summary judgment and
Reginald Hall appealed. Plaintiff argues on appeal that the
trial court's judgment was not final and therefore this
Court does not have jurisdiction. We hold that the trial
court did not adjudicate all of the claims raised by the
parties. Accordingly, this appeal is dismissed for lack of a
R. App. P. 3 Appeal as of Right Appeal Dismissed for Lack of
Jurisdiction; Case Remanded
Reginald Hall, Oak Ridge, Tennessee, appellant, pro se.
Keith Morrison, Fayetteville, Arkansas, for the appellee,
Wilmington Savings Fund Society, dba Christiana Trust, not in
its individual capacity, but solely as trustee for BCAT
Charles D. Susano, Jr., J., delivered the opinion of the
court, in which John W. McClarty and Thomas R. Frierson, II,
CHARLES D. SUSANO, JR., JUDGE
complaint names the Halls as debtors on a note secured by the
deed of trust at issue and alleges they were in default by
failing to make payments. Plaintiff also named as defendants
several other alleged creditors of the Halls: Arrow Financial
Services, Discover Bank, Briarcliff Health Care Center,
Georges H. Brandan, the United States Department of Justice,
and the Internal Revenue Service, each of whom was alleged to
have outstanding judgments against the Halls. The complaint
further alleges that the property upon which plaintiff sought
to foreclose was also collateral securing a second deed of
trust held by defendant Bank of America. Plaintiff asked the
trial court for judgment in rem against the property in the
amount of the outstanding debt, $169, 877.85 plus fees and
expenses, and for foreclosure of the judgment. Regarding the
other alleged debts, plaintiff requested a declaration that
its "deed of trust is superior and paramount to the
interests of the defendants in the subject property."
were filed by the United States Departments of Justice and
Revenue, Briarcliff, Mr. Brandan, and Bank of America. Later,
the trial court entered agreed orders reflecting the
agreement of the relevant parties that plaintiff's
"valid first priority lien has priority over the claim
of the United States with regard to the property" and
that "any right, title, or interest in and to the
subject property held by Georges H. Brandan, is junior,
subordinate, and inferior to" plaintiff's interest.
The trial court's order granting summary judgment
recounts the following further procedural history:
Reginald Hall filed a response entitled "Defendant's
Memorandum in Opposition to Plaintiff's Motion for
Summary Judgment" in March of 2018. No motion for
summary judgment was pending at that time.
Plaintiff served request for admissions on Reginald Hall on
April 6, 2018. No responses were filed or served.
A restraining order was entered on May 17, 2018.
Plaintiff filed a motion to deem requests admitted on May 21,
2018. No response was filed or served.
Plaintiff filed a motion for summary judgment on May ...