Narrative Opinion Summary
The Court of Appeals of Tennessee dismissed the appeal of Brianna Danielle King against Aaron Jefferson Daily due to her failure to file a timely notice of appeal. The final order from the Circuit Court for Rutherford County was entered on March 28, 2022, and Ms. King submitted her notice of appeal on April 28, 2022, one day after the thirty-day deadline established by Tennessee Rule of Appellate Procedure 4(a). The court emphasized that the thirty-day time limit is mandatory and jurisdictional, meaning it cannot be waived or extended. Consequently, the appeal was dismissed for lack of jurisdiction, rendering the other issues raised in the motion to dismiss moot. The case was remanded to the trial court for further proceedings, and Ms. King was ordered to bear the costs of the appeal.
Legal Issues Addressed
Costs of Appealsubscribe to see similar legal issues
Application: Given the dismissal of the appeal, the appellant, Brianna Danielle King, was ordered to bear the costs associated with the appeal.
Reasoning: Ms. King was ordered to bear the costs of the appeal.
Dismissal of Appeal for Lack of Jurisdictionsubscribe to see similar legal issues
Application: Due to the untimely filing, the court dismissed the appeal for lack of jurisdiction, and as a result, did not address the other issues raised in the motion to dismiss.
Reasoning: Consequently, the appeal was dismissed for lack of jurisdiction, rendering the other issues raised in the motion to dismiss moot.
Jurisdictional Nature of Appeal Deadlinessubscribe to see similar legal issues
Application: The court emphasized that compliance with the appeal deadline is mandatory and affects the court's jurisdiction, resulting in the dismissal of the appeal for being untimely.
Reasoning: The court emphasized that the thirty-day time limit is mandatory and jurisdictional, meaning it cannot be waived or extended.
Timeliness of Notice of Appeal under Tennessee Rule of Appellate Procedure 4(a)subscribe to see similar legal issues
Application: The court applied the thirty-day deadline strictly, leading to the dismissal of the appeal due to the late filing of the notice of appeal by Brianna Danielle King.
Reasoning: The final order from the Circuit Court for Rutherford County was entered on March 28, 2022, and Ms. King submitted her notice of appeal on April 28, 2022, one day after the thirty-day deadline established by Tennessee Rule of Appellate Procedure 4(a).