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Posted by: Tanja Trezise on Mar 20, 2014

Head Comment: With concurring opinion.

Court: TN Court of Appeals

Attorneys 1:

Cedrick D. Wooten, Memphis, Tennessee, for the appellant, Tonie V. Peterson.

Attorneys 2:

Thomas Branch and Sasha B. Gilmore, Memphis, Tennessee, for the appellee, Glenn E. Lepard.

Robert E. Hayes, Jr., Southaven, Mississippi, for the appellee, Southaven Police Department

Melanie M. Stewart and John J. Bennett, Germantown, Tennessee, for the appellee, Felicia N. Henderson.

Judge(s): STAFFORD

This case arises from the dismissal of the Appellant’s lawsuit in the Circuit Court of Shelby County for failure to timely perfect her appeal from General Sessions Court. Appellant filed her notice of appeal with the 24-hour General Sessions Criminal Clerk’s Office, but did not pay costs or bond because the 24-hour clerk’s office does not accept any payments for civil matters. As a result, Appellant’s bond was not paid until the eleventh day after the General Sessions Court’s judgment was entered, and was therefore outside the ten-day filing period. Tenn. Code Ann. § 27-5-108. Consequently, the trial court dismissed Appellant’s appeal for lack of jurisdiction. Discerning no error, we affirm and remand.