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Arium Shelby Farms v. Nedra Drayton
Citation: Not availableDocket: W2016-01450-COA-R3-CV
Court: Court of Appeals of Tennessee; October 10, 2017; Tennessee; State Appellate Court
Original Court Document: View Document
The Court of Appeals of Tennessee dismissed the appeal of Nedra Drayton against Arium Shelby Farms due to lack of jurisdiction, as the order appealed from the Shelby County Circuit Court was not a final judgment. Under Tennessee Rules of Appellate Procedure Rule 3, orders that do not resolve all claims or parties involved are considered non-final and thus not appealable. On June 16, 2016, the trial court awarded Arium Shelby Farms a monetary judgment and possession of the premises, leading Drayton to file an appeal on June 20, 2016. Following this, Arium filed a motion for a writ of possession due to Drayton's failure to post a bond, which the court granted on July 8, 2016. Drayton appealed this order on July 11, 2016, but the record did not indicate that the merits of the underlying claims were considered by the trial court. On July 21, 2017, the appellate court directed Drayton to obtain a final judgment or show cause for the appeal’s dismissal. Arium later confirmed that the order appealed was not final. Consequently, the court concluded it lacked jurisdiction over the matter, resulting in the dismissal of the appeal without prejudice, allowing for future proceedings in the trial court. Costs were assessed to Drayton, and the court ordered that execution may issue if necessary.