Opinion

Arnold Whitmore v. Memphis Light, Gas and Water Division

Court
Court of Appeals of Tennessee
Filed
Feb 5, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 38.5%

The opinion

02/05/2026

IN THE COURT OF APPEALS OF TENNESSEE

AT JACKSON

ARNOLD WHITMORE ET AL. v. MEMPHIS LIGHT, GAS AND WATER

DIVISION

Appeal from the Circuit Court for Shelby County

No. CT-001349-18 Yolanda Kight Brown, Judge

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No. W2025-02038-COA-R3-CV

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The notice of appeal in this case was not timely filed. Therefore, this Court lacks

jurisdiction to consider this appeal.

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

J. STEVEN STAFFORD, P.J., W.S.; CARMA DENNIS MCGEE, J.; VALERIE L. SMITH, J.

Henry E. Reaves, III, Memphis, Tennessee, for the appellants, Arnold Whitmore and

Sunsiray Whitmore.

Thomas Branch, Memphis, Tennessee, for the appellee, Memphis Light, Gas, and Water.

MEMORANDUM OPINION1

Appellants, Arnold Whitmore and Sunsiray Whitmore, initiated this matter on

December 19, 2025, by filing a Notice of Appeal in which they indicated that they were

appealing an order entered on September 2, 2025, by the Shelby County Circuit Court.

1

Rule 10 of the Rules of the Court of Appeals provides:

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be designated “MEMORANDUM OPINION,” shall not be published, and shall not be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

Generally, a notice of appeal must be filed within thirty (30) days after the date of

entry of the final judgment. See Tenn. R. App. P. 4. This requirement may not be waived.

Am. Steinwinter Inv. Grp. v. Am. Steinwinter, Inc., 964 S.W.2d 569, 571 (Tenn. Ct. App.

1997). An appellate court cannot extend the time for filing a notice of appeal. Tenn. R.

App. P. 2. “In civil cases, the failure to timely file a notice of appeal deprives the appellate

court of jurisdiction to hear the appeal.” Arfken & Assocs., P.A. v. Simpson Bridge Co., 85

S.W.3d 789, 791 (Tenn. Ct. App. 2002) (citations omitted). In fact, “[i]f the notice of appeal

is not timely filed, the appellate court is required to dismiss the appeal.” Id.

Appellants’ Notice of Appeal was not filed until December 19, 2025, which is more

than thirty (30) days after September 2, 2025, and there is no indication that any of the

motions listed in Rule 4(b) were timely filed in order to extend that deadline. Along with

their notice of appeal, Appellants filed a “Motion to Docket Appeal and for Order Directing

Transmission of Notice of Appeal and Record,” asserting that the Notice of Appeal in this

matter was “timely filed and accepted” by the trial court clerk but was not properly

transferred to the Clerk of this Court. Therefore, Appellants argued that this Court “has

both the authority and discretion to correct that error and allow the appeal to be docketed

and allowed to proceed on the merits.” Appellee, Memphis Light, Gas, and Water Division,

filed a response in opposition to the Motion on January 14, 2026.

Appellants’ filing of the notice of appeal with the trial court clerk does not save the

appeal. Tennessee Rule of Appellate Procedure 4(a) requires the notice to be filed with the

appellate court clerk. A notice of appeal filed with the trial court clerk is a nullity and does

not initiate an appeal as of right or extend the time for filing a notice of appeal in this Court.

While the 2017 amendment to the Rule included a one-year transitional provision

providing additional time to parties who mistakenly filed a notice of appeal with the trial

court clerk, that transitional provision expired in 2018.

Based on our review of the foregoing, we determine that this Court does not have

subject matter jurisdiction over this matter because Appellant’s Notice of Appeal was not

timely filed. Therefore, this appeal is hereby DISMISSED. Costs of this matter are assessed

to Appellants, Arnold Whitmore and Sunsiray Whitmore, for which execution may issue,

if necessary.

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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