BRANCH BANKING & TRUST COMPANY, v. TOWNSEND, LLC and E. WILLIAM HENRY - Articles

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Posted by: Tanja Trezise on May 14, 2012

Court: TN Court of Appeals

Attorneys 1:

Mark T. Freeman, Nashville, Tennessee, for appellants, Townsend, LLC., and E. William Henry,

Attorneys 2:

Gregory Carlton Logue, Knoxville, Tennessee, for appellee, Branch Banking & Trust Company,

Judge(s): PER CURIAM

This Court issued a Show Cause Order on April 19, 2012 directing appellants to show cause why the appeal should not be dismissed for lack of jurisdiction. The appellants have responded to this Order, but the explanation given in response which relied on a FAX notice of appeal, does not cure the failure to file a proper notice of appeal. The notice of appeal "shall not be filed in the Trial Court by Facsimile transmission". Tenn. R. Civ. P. Rule 5A.02(4)(e). Accordingly, this Court is without jurisdiction to entertain the appeal, and the appeal is dismissed. The cost of the appeal is assessed to Townsend, LLC., and E. William Henry.