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Pierre Wright v. Staff Line LLC

Citation: Not availableDocket: W2013-01726-COA-R3-CV

Court: Court of Appeals of Tennessee; September 19, 2013; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Pierre Wright, the appellant, filed a Notice of Appeal on July 18, 2013, regarding a final judgment from the Shelby County Chancery Court dated December 3, 2012. However, this filing occurred more than thirty days after the judgment, violating the mandatory time limit set forth in Rule 4 of the Tennessee Rules of Appellate Procedure. Appellee Staff Line, LLC moved to dismiss the appeal due to this untimely filing. The court, upon review, confirmed that it lacked jurisdiction to hear the appeal due to the late notice and emphasized that the time limit for filing cannot be waived or extended. Consequently, the appeal was dismissed, with costs taxed to the appellant, Pierre Wright.

Legal Issues Addressed

Jurisdiction of Appellate Court

Application: The appellate court determined it lacked jurisdiction to hear the appeal due to the late filing of the notice of appeal.

Reasoning: The court, upon review, confirmed that it lacked jurisdiction to hear the appeal due to the late notice and emphasized that the time limit for filing cannot be waived or extended.

Non-waivability of Filing Deadlines

Application: The court emphasized that the filing deadlines for appeals are strict and cannot be waived or extended, reinforcing the mandatory nature of the procedural rules.

Reasoning: The court, upon review, confirmed that it lacked jurisdiction to hear the appeal due to the late notice and emphasized that the time limit for filing cannot be waived or extended.

Timeliness of Notice of Appeal

Application: The appellant's failure to file a notice of appeal within the thirty-day limit set by Rule 4 of the Tennessee Rules of Appellate Procedure resulted in the dismissal of the appeal.

Reasoning: However, this filing occurred more than thirty days after the judgment, violating the mandatory time limit set forth in Rule 4 of the Tennessee Rules of Appellate Procedure.