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Donna Anderson v. Branan White

Citation: Not availableDocket: M2021-00887-COA-R3-CV

Court: Court of Appeals of Tennessee; July 5, 2022; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a breach of contract dispute between the appellant and the appellee concerning a real estate transaction initiated in 2019. The appellant filed a lawsuit in the Davidson County Chancery Court, alleging that a written agreement to detach an adjoining unit was not executed as required by the contract. The appellee successfully moved for summary judgment on all claims, leading the trial court to award attorney’s fees to the appellee. The appellant, representing herself, appealed the decision but failed to comply with Tennessee Rule of Appellate Procedure 27, which mandates specific components in appellate briefs, including a table of authorities and a statement of issues. The incomplete brief led to the waiver of issues on appeal, prompting the appellate court to dismiss the appeal and remand the case to the trial court. Despite the appellant’s pro se status, she was required to meet procedural standards, which she failed to do. The appellee's request for attorney's fees on appeal was also waived due to improper designation. The costs of the appeal were assessed to the appellant.

Legal Issues Addressed

Award of Attorney's Fees

Application: The appellee's claim for attorney's fees was not considered as it was not formally designated as an issue in the appeal.

Reasoning: The appellee also sought attorney's fees and costs; however, this request was not formally designated as an issue in accordance with procedural rules, resulting in its waiver as well.

Compliance with Appellate Procedure

Application: The appellant's failure to comply with the specific requirements of Tennessee Rule of Appellate Procedure 27 resulted in the dismissal of the appeal.

Reasoning: The appellant's brief fails to comply with Tennessee Rule of Appellate Procedure 27(a), lacking necessary components such as a clear summary of arguments, specific contentions, and citations to legal authority and the record.

Pro Se Litigant Obligations

Application: Pro se litigants must adhere to the same procedural rules as represented parties, and failure to do so results in the same consequences.

Reasoning: Although the appellant is representing herself, she is still required to adhere to procedural rules, similar to represented parties, to ensure fairness to all litigants involved.

Waiver of Issues on Appeal

Application: Issues not explicitly designated or properly argued in an appellant's brief are considered waived, leading to dismissal.

Reasoning: The absence of record citations and relevant legal authority means the issues raised may be considered waived, as established in precedent cases.