Assigned December 19, 2019
from the Chancery Court for Knox County No. 193801-3 Michael
W. Moyers, Chancellor
an appeal from a case involving a contract for the sale of
real property. The Trial Court disposed of some of the claims
by granting summary judgment. Other claims were dismissed or
voluntarily non-suited, and the Trial Court attempted to
render its judgment final by citing to Rule 54 of the
Tennessee Rules of Civil Procedure. The Trial Court, however,
reserved disposition of a petition for attorney's fees
and an amended petition for attorney's fees. As a result
of the reservation of the disposition of the petitions for
attorney's fees there is no final judgment, and this
Court lacks jurisdiction to consider this appeal.
R. App. P. 3 Appeal as of Right; Appeal Dismissed
Robinson Dahl, Clarksville, Tennessee, for the appellant,
Stephen Gillman, Knoxville, Tennessee, for the appellee, Cody
William L. Waters, Knoxville, Tennessee, for the appellees,
Faye Messer and the Cody J. Haynes Trust.
D. Smith, Knoxville, Tennessee, for the appellees, Furrow
Strickland Real Estate Services, Rob Strickland, and Wes
MICHAEL SWINEY, C.J.; CHARLES D. SUSANO, JR., J.; AND THOMAS
R. FRIERSON, II, J.
MEMORANDUM OPINION 
to the requirements of Rule 13(b) of the Tennessee Rules of
Appellate Procedure, the Court directed the appellant to show
cause why this appeal should not be dismissed for lack of
subject matter jurisdiction after it became clear that there
was no final judgment from which an appeal as of right would
lie. "A final judgment is one that resolves all the
issues in the case, 'leaving nothing else for the trial
court to do.'" In re Estate of Henderson,
121 S.W.3d 643, 645 (Tenn. 2003) (quoting State ex rel.
McAllister v. Goode, 968 S.W.2d 834, 840 (Tenn. Ct. App.
1997)). This Court does not have subject matter jurisdiction
to adjudicate an appeal as of right if there is no final
judgment. See Bayberry Assocs. v. Jones, 783 S.W.2d
553, 559 (Tenn. 1990) ("Unless an appeal from an
interlocutory order is provided by the rules or by statute,
appellate courts have jurisdiction over final judgments
appellant filed a response to the show cause order, which
shows that the Trial Court reserved the petitions for
attorney's fees. As such, the order from which the
appellant seeks review is not "a final judgment
adjudicating all the claims, rights, and liabilities of all
parties." Tenn. R. App. P. 3(a); see e.g., E.
Solutions for Buildings, LLC v. Knestrick Contractor,
Inc. No. M2017-00732-COA-R3-CV, 2018 WL 1831116, at *4
(Tenn. Ct. App. April 17, 2018), appl. perm. appeal
denied Aug. 9, 2018 (finding that order directing
parties to re-submit requests for attorney's fees after
appeal was "improvidently certified as final," and
holding that because trial court did not dispose fully and
finally of claim for attorney's fees, this Court lacked
jurisdiction); City of Jackson v. Hersh, No.
W2008-02360-COA-R3-CV, 2009 WL 2601380, at *4 (Tenn. Ct. App.
Aug. 25, 2009), no appl. perm. appeal filed
("This Court has concluded on several occasions that an
order that fails to address an outstanding request for
attorney's fees is not final."); Grand Valley
Lakes Property Owners' Assoc., Inc. v. Gunn, No.
W2008-01116-COA-R3-CV, *3 (April 13, 2009), no appl.
perm. appeal filed (stating "the circuit court did
not resolve Grand Valley's request for attorney's
fees . . .. As we have stated, except as otherwise permitted
in Rule 9 and in Rule 54.02, an order adjudicating fewer than
all the claims of the parties is not a final, appealable
order."); Headrick v. Headrick, No.
E2004-00730-COA-R3-CV, 2005 WL 524807, at *3 (Tenn. Ct. App.
March 7, 2005), no appl. perm. appeal filed
("Our Supreme Court has held that '[a]n order made
final pursuant to rule 54.02 must be made dispositive of an
entire claim or party.' Bayberry Assocs. v.
Jones, 783 S.W.2d 553, 558 (Tenn. 1990). Since the trial
court has reserved the issue of attorney's fees, which is
a claim by one or both parties in this lawsuit, there is no
final order appealable at this time."); Scott v.
Noland Co., No. 03A01-9407-CV-00248, 1995 WL 11177, at
*1 (Tenn. Ct. App. Jan. 12, 1995), no appl. perm. appeal
filed ("Since there is no order in the record
before us finally disposing of the Plaintiffs' claim for
attorney fees at the trial level, the 'Final
Judgment' from which this appeal is being pursued is not
a final order and hence not appealable as of right under
Tenn. R. App. P. 3(a)." (footnote omitted)); Spencer
v. The Golden Rule, Inc., No. 03A01-9406-CV-00207, 1994
WL 589564, at *1 (Tenn. Ct. App. Oct. 21, 1994), no appl.
perm. appeal filed ("Since there is no order in the
record before us finally disposing of the
Plaintiff's claim for attorney fees at the trial level,
the Order from which this appeal is being pursued is not a
final order and hence not appealable as of right under Tenn.
R. App. P. 3(a)." (emphasis in original) (footnote
it is clear that there is no final judgment in this case, the
appeal is dismissed. Costs on appeal are taxed to the