The opinion
07/16/2024
IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
July 12, 2024
BRITTNEY C. SHEDD v. TENNESSEE BOARD OF NURSING
Appeal from the Chancery Court for Rutherford County
No. 22CV-2204 Bonita Jo Atwood, Judge
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No. M2024-01018-COA-R3-CV
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This is an appeal from an order dismissing a complaint for judicial review. Because
the appellant did not file her notice of appeal with the clerk of the appellate court within
thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure
4(a), we dismiss the appeal.
Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed
ANDY D. BENNETT, W. NEAL MCBRAYER, and JEFFREY USMAN, JJ.
Brittney Chanel Shedd, Murfreesboro, Tennessee, pro se.
Rachel Greer Appelt, Nashville, Tennessee, for the appellee, Tennessee Board of Nursing.
MEMORANDUM OPINION1
Brittney Chanel Shedd has filed a notice of appeal from an order entered on April
13, 2023, dismissing her Complaint for Judicial Review for lack of subject matter
jurisdiction. Tennessee Rule of Appellate Procedure 4(a) requires that a notice of appeal
be filed with the clerk of the appellate court within thirty days after entry of the judgment
appealed. Ms. Shedd did not file her notice of appeal until July 11, 2024, more than a year
after entry of the judgment.
1
A case designated as a memorandum opinion “shall not be published, and shall not be cited or
relied on for any reason in any unrelated case.” Tenn. Ct. App. R. 10.
The thirty-day time limit for filing a notice of appeal is mandatory and
jurisdictional. Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004); Binkley v. Medling, 117
S.W.3d 252, 255 (Tenn. 2003). This Court can neither waive nor extend the time period.
Tenn. R. App. P. 2 and 21(b); Flautt & Mann v. Council of City of Memphis, 285 S.W.3d
856, 868 at n.1 (Tenn. Ct. App. 2008); Jefferson v. Pneumo Servs. Corp., 699 S.W.2d 181,
184 (Tenn. Ct. App. 1985). The failure to file a timely notice of appeal deprives this Court
of jurisdiction to hear the matter. Flautt & Mann v. Council of City of Memphis, 285
S.W.3d at 869 at n.1.
The appeal is dismissed for failure to file a timely notice of appeal. All pending
requests for relief are denied. Ms. Shedd is taxed with the costs for which execution may
issue.
PER CURIAM
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