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Avis Budget Group, Inc. v. James Hagood, d/b/a Hagood & Sons Wrecker Service
Citation: Not availableDocket: E2011-01343-COA-R3-CV
Court: Court of Appeals of Tennessee; November 6, 2011; Tennessee; State Appellate Court
Original Court Document: View Document
Avis Budget Group, Inc. successfully sued James Hagood, doing business as Hagood Sons Wrecker Service, resulting in a judgment on October 15, 2010, awarding Avis $7,284 plus reasonable attorneys’ fees. Hagood subsequently filed a motion for a new trial or to amend the judgment, which the trial court denied. Hagood appealed the decision but did not respond to a court order questioning the appeal's premature nature. The Court of Appeals of Tennessee dismissed the appeal, determining that it lacked jurisdiction due to the absence of a final judgment, as the trial court had not resolved the issue of attorneys’ fees. The court clarified that under Tennessee Rules of Appellate Procedure, an appeal is only permissible from a final judgment that adjudicates all claims and liabilities. Since no application for an interlocutory appeal was filed and the trial court's judgment was not certified as final, the appeal was dismissed. Costs of the appeal were assessed against Hagood and his surety.