Opinion

Shelby County Board of Education v. Tennessee Secondary School Athletic Association

Court
Court of Appeals of Tennessee
Filed
Apr 16, 2018
Status
Published
On the bench
Per Curiam
Cited by
0 cases
Authority
More cited than 4.3%

The opinion

04/16/2018

IN THE COURT OF APPEALS OF TENNESSEE

AT JACKSON

SHELBY COUNTY BOARD OF EDUCATION ET AL. v. TENNESSEE

SECONDARY SCHOOL ATHLETIC ASSOCIATION

Appeal from the Chancery Court for Shelby County

No. CH-17-1695 Jim Kyle, Chancellor

___________________________________

No. W2018-00083-COA-R3-CV

___________________________________

Because the order appealed is not a final judgment, we must dismiss this appeal

for lack of jurisdiction.

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

J. STEVEN STAFFORD, P.J.W.S., KENNY ARMSTRONG, J., AND ARNOLD B. GOLDIN, J.

Richard Lee Colbert, Nashville, Tennessee, for the appellant, Tennessee Secondary

School Athletic Association.

Robert L.J. Spence, Jr., Memphis, Tennessee, for the appellees, Donzaleigh Artis, Pamela

Boyce, and Ryan Boyce.

Kenneth Melton Walker, Memphis, Tennessee, for the appellee, Shelby County Board of

Education.

MEMORANDUM OPINION1

Rule 3 of the Tennessee Rules of Appellate Procedure provides that if multiple

parties or multiple claims are involved in an action, any order that adjudicates fewer than

all the claims or the rights and liabilities of fewer than all the parties is not final or

appealable. Except where otherwise provided, this Court only has subject matter

1

Rule 10 of the Rules of the Court of Appeals of Tennessee 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opinion it shall be designated “MEMORANDUM OPINION”, shall not be published, and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.

jurisdiction over final orders. See Bayberry Assoc. v. Jones, 783 S.W.2d 553 (Tenn.

1990).

Pursuant to the mandates of Rule 13(b) of the Tennessee Rules of Appellate

Procedure, we reviewed the appellate record to determine if the Court has subject matter

jurisdiction to hear this matter. After this review, it appeared to the Court that it does not

have jurisdiction. Specifically, we could find nothing in the record reflecting that the trial

court adjudicated the claim for a permanent injunction as set forth in the “Amended

Petition for Temporary Restraining Order, Temporary Injunction and Permanent

Injunction.” Although the trial order certified its order as a final judgment pursuant to

Rule 54.02 of the Tennessee Rules of Civil Procedure, we find that the order was

improvidently certified as final. Rule 54.02 of the Tennessee Rules of Civil Procedure

provides:

When more than one claim for relief is present in an action, whether as a

claim, counterclaim, cross claim, or third party claim, or when multiple

parties are involved, the court, whether at law or in equity, may direct the

entry of a final judgment as to one or more but fewer than all of the claims

or parties only upon an express determination that there is no just reason for

delay and upon an express direction for the entry of judgment. In the

absence of such determination and direction, any order or other form of

decision, however designated, that adjudicates fewer than all the claims or

the rights and liabilities of fewer than all the parties shall not terminate the

action as to any of the claims or parties, and the order or other form of

decision is subject to revision at any time before the entry of the judgment

adjudicating all the claims and the rights and liabilities of all the parties.

TENN. R. CIV. P. 54.02.

Thus, according to the language of the Rule, certification of an order as final

pursuant to Rule 54.02 is not appropriate unless it disposes of an entire claim or is

dispositive with respect to a party. Irvin v. Irvin, No. M2010-01962-COA-R3-CV, 2011

WL 2436507, at *8 (Tenn. Ct. App. June 15, 2011). Rule 54.02 does not apply to all

orders that are interlocutory in nature, but rather only comes into play when there are

multiple parties, multiple claims, or both. Duffer v. Lawson, No. M2009-01057-COA-

R3-CV, 2010 WL 3488620, at *5 (Tenn. Ct. App. Sept. 3, 2010). Even if a trial court's

order includes the necessary language from Rule 54.02, a final judgment pursuant to the

rule is not appropriate unless it disposes of a claim or party. This Court has stated “[a]

claim denotes the aggregate of operative facts which give rise to a right enforceable in the

courts." Irvin at *8, n. 3 (quoting Chook v. Jones, No. W2008-02276-COA-R3-CV, 2010

WL 960319, at *3 (Tenn. Ct. App. Mar.17, 2010) (quoting Christus Gardens, Inc. v.

Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., No. M2007-01104-COA-R3-

CV, 2008 WL 3833613, at *5 (Tenn. Ct. App. Aug.15, 2008) (quoting McIntyre v. First

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Nat'l Bank of Cincinnati, 585 F.2d 190, 191 (6th Cir.1978))). Thus, based on the

language of the Rule, certification of an order as final pursuant to Rule 54.02 is not

appropriate unless it disposes of an entire claim or is dispositive with respect to a party.

Irvin, 2011 WL 2436507, at *8.

Thus, by Order entered on March 12, 2018, the Court entered an Order directing

Appellant to, within ten (10) days of the entry of that Order, obtain entry of a final

judgment in the trial court or else to, within fifteen (15) days from the entry of that Order,

show cause why this appeal should not be dismissed for failure to appeal an appealable

order or judgment. Our Order of March 12, 2018, also provided that “[f]ailure to respond

to this order within the time provided herein could result in this appeal being dismissed

without further notice.”

On April 11, 2018, Appellant Tennessee Secondary School Association filed a

motion requesting an extension of time to file its brief. In the motion, Appellant stated

that Appellant did not believe it could satisfy either of the two options this Court offered

in its March 12, 2018, Order. Appellant also stated that it was anticipated that this Court

might dismiss this appeal, although the Court has not yet done so.

By Order entered on April 12, 2018, the Court denied Appellant’s motion as moot.

As of this date, there is nothing before the Court indicating that a final judgment has been

entered in this matter.

Conclusion

Because the trial court has not yet entered a final judgment, the appeal is

dismissed without prejudice and the case remanded to the trial court for further

proceedings consistent with this Opinion. Should a new appeal be filed, the Clerk of this

Court shall, upon request of either party, consolidate the record in this appeal with the

record filed in the new appeal. Costs of this appeal are taxed to the appellant, Tennessee

Secondary School Association, for which execution may issue if necessary. It is SO

ORDERED.

PER CURIAM

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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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