Narrative Opinion Summary
The Court of Appeals of Tennessee dismissed the appeal filed by Gatlinburg Town Square Members' Association, Inc., Gatlinburg Town Square Resort Condominium II Members' Association, Inc., and Mountain Meadows Time-Share Owners Association, Inc. The Court issued a Show Cause Order indicating that the Notice of Appeal did not represent a final judgment resolving all claims between the parties, which is necessary for an appeal of right under Tenn. R. App. P. 3. The defendants acknowledged the premature nature of the appeal and requested it be treated as an interlocutory appeal under Tenn. R. App. P. 9. However, the Court determined that it was not appropriate to consider the appeal under Rule 9, leading to the dismissal based on a lack of jurisdiction. The costs associated with the appeal were assessed against the appellants. The opinion was issued as a memorandum opinion, which cannot be cited or relied upon in unrelated cases.
Legal Issues Addressed
Costs Assessed Against Appellantssubscribe to see similar legal issues
Application: The court assessed the costs associated with the appeal against the appellants.
Reasoning: The costs associated with the appeal were assessed against the appellants.
Final Judgment Requirement for Appealsubscribe to see similar legal issues
Application: The appeal was dismissed because the Notice of Appeal did not represent a final judgment resolving all claims between the parties, which is a prerequisite for an appeal of right.
Reasoning: The Court issued a Show Cause Order indicating that the Notice of Appeal did not represent a final judgment resolving all claims between the parties, which is necessary for an appeal of right under Tenn. R. App. P. 3.
Interlocutory Appeal under Tennessee Rule of Appellate Procedure 9subscribe to see similar legal issues
Application: The appellants requested the appeal be treated as an interlocutory appeal, but the court found it inappropriate to consider the appeal under Rule 9, leading to the dismissal.
Reasoning: The defendants acknowledged the premature nature of the appeal and requested it be treated as an interlocutory appeal under Tenn. R. App. P. 9. However, the Court determined that it was not appropriate to consider the appeal under Rule 9, leading to the dismissal based on a lack of jurisdiction.
Memorandum Opinion Not Citablesubscribe to see similar legal issues
Application: The opinion was issued as a memorandum opinion, which cannot be cited or relied upon in unrelated cases.
Reasoning: The opinion was issued as a memorandum opinion, which cannot be cited or relied upon in unrelated cases.