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Norma O'Neal v. Nationwide Mutual Fire Insurance Co.
Citation: Not availableDocket: E2012-00028-COA-R3-CV
Court: Court of Appeals of Tennessee; July 25, 2012; Tennessee; State Appellate Court
Original Court Document: View Document
The Court of Appeals of Tennessee dismissed the appeal in the case of Norma O’Neal v. Nationwide Mutual Fire Insurance Company due to the absence of a final judgment. The defendant, Nationwide, acknowledged that claims under the Tennessee Consumer Protection Act remained unresolved, having been bifurcated from the contract and bad faith claims that were already tried. The appeal was deemed premature under Tennessee Rules of Appellate Procedure, which stipulate that an appeal can only be made from a final judgment that resolves all issues in a case. No interlocutory appeal applications were filed, nor did the trial court certify the order as final under Rule 54.02. As a result, the Court concluded it lacked subject matter jurisdiction to proceed with the appeal. Costs were assigned to Nationwide Mutual Fire Insurance Company.