Opinion

Michael Adcock v. Cheatham County Board of Education

Court
Court of Appeals of Tennessee
Filed
Oct 7, 2013
Status
Published
On the bench
Per Curiam
Cited by
0 cases
Authority
More cited than 30.2%

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

Assigned October 2, 2013

MICHAEL ADCOCK, ET AL. v. CHEATHAM COUNTY BOARD OF

EDUCATION

Appeal from the Chancery Court for Cheatham County

No. 15200 Larry J. Wallace, Judge

No. M2013-00849-COA-R3-CV - Filed October 7, 2013

This is an appeal from a summary judgment order awarding the plaintiffs an easement across

the defendant’s property. Because the order does not dispose of the plaintiffs’ claim for

attorney’s fees, we dismiss the appeal for lack of a final judgment.

Tenn. R. App. P. 3, Appeal as of Right; Appeal Dismissed

P ATRICIA J. C OTTRELL, P.J., M.S., F RANK G. C LEMENT, JR., J. and A NDY D. B ENNETT, J.

Allen Woods, Larry D. Woods, Nashville, Tennessee, for the appellant, Cheatham County

Board of Education.

Eric Kerwin Lockert, Ashland City, Tennessee, for the appellees, Michael and Tammy

Adcock.

MEMORANDUM OPINION 1

Michael and Tammy Adcock own eighty-four landlocked acres of land immediately

behind Cheatham County Central High School. On September 15, 2011, Mr. and Mrs.

Adcock filed a complaint against the Cheatham County Board of Education seeking a

declaratory judgment regarding an easement they claim across the property on which the high

1

Tenn. R. Ct. App. 10 states:

This Court, with the concurrence of all judges participating in the case, may affirm, reverse

or modify the actions of the trial court by memorandum opinion when a formal opinion

would have no precedential value. When a case is decided by memorandum opinion it shall

be designated “MEMORANDUM OPINION,” shall not be published, and shall not be cited

or relied on for any reason in any unrelated case.

school is located. On March 22, 2013, the trial court granted Mr. and Mrs. Adcock’s motion

for summary judgment and awarded them an easement across the school property. However,

the order “reserved for future disposition” the issue of attorney’s fees.

A party is entitled to an appeal as of right only after the trial court has entered a final

judgment. Tenn. R. App. P. 3(a); King v. Spain, No. M2006-02178-COA-R3-CV, 2007 WL

3202757 at *8 (Tenn. Ct. App. October 31, 2007). A final judgment is a judgment that

resolves all the claims between all the parties, “leaving nothing else for the trial court to do.”

State ex rel. McAllister v. Goode, 968 S.W.2d 834, 840 (Tenn. Ct. App. 1997). An order that

adjudicates fewer than all the claims between all the parties is subject to revision at any time

before the entry of a final judgment and is not appealable as of right. Tenn. R. App. P. 3(a).

The record on appeal was filed with the clerk of this court on June 28, 2013. Upon

review of the record, this court determined that the order appealed was not final because the

trial court had reserved the issue of attorney’s fees. Accordingly, the court ordered the parties

either to obtain a final order from the trial court within ninety days or else to show cause why

the appeal should not be dismissed. Although more than ninety days have now passed, the

parties have neither obtained a final order nor otherwise responded to this court’s show cause

order.

The appeal is hereby dismissed for lack of a final judgment without prejudice to the

filing of a new appeal once a final judgment has been entered. The case is remanded to the

trial court for further proceedings consistent with this opinion. The costs of the appeal are

taxed to Michael Adcock and Tammy Adcock and to their surety for which execution may

issue.

PER CURIAM

-2-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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