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Posted by: Brittany Sims on Oct 9, 2013

Court: TN Court of Appeals

Attorneys 1:

Timothy Howland Nichols, Nashville, Tennessee, for the appellant, Gayle Connelly.

Attorneys 2:

Wayne David Hibbeler, Clarksville, Tennessee, for the appellee, Peter Napolitano.

Judge(s): COTTRELL

The trial court in this case entered two identical final judgments fifteen days apart. The appellant filed her notice of appeal within thirty days of the second judgment, but not the first. Because the thirty day time limit for filing a notice of appeal runs from the entry of the first judgment, the notice of appeal was not timely filed. Although the appellant may seek relief from the trial court pursuant to Tenn. R. Civ. P.60, the failure to file a timely notice of appeal deprives this court of jurisdiction, and the appeal must be dismissed.