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Posted by: Stacey Shrader Joslin on Sep 5, 2012

Court: TN Court of Appeals

Attorneys 1:

Brent R. Watson and Suzanne N. Price, Knoxville, Tennessee, for the appellant, Michael S. Torres.

Attorneys 2:

Johnny V. Dunaway, LaFollette, Tennessee, for the appellee, Lori R. Torres.

Judge(s): MCCLARTY

The appellee in this case filed a motion to dismiss appeal on July 20, 2012, arguing that the judgment of divorce entered by the trial court on December 6, 2010, is not a final judgment from which an appeal can be taken and the appellate record on file is therefore incomplete. The orders entered by the trial court on July 9, 2012, confirm that the notice of appeal was filed prematurely, as all claims between the parties have not yet been resolved. The appellant did not file a response to the motion. Our review of the record reveals that the order to which the notice of appeal is directed is not “a final judgment adjudicating all the claims, rights, and liabilities of all parties” from which an appeal as of right would lie. See Tenn. R. App. P. 3(a). Accordingly, we dismiss the appeal.