All Content

Posted by: Brittany Sims on Aug 18, 2014

Court: TN Court of Appeals

Attorneys 1:

James D. R. Roberts and Janet L. Layman, Nashville, Tennessee, for the appellant, John Wesley Green, individually and as a shareholder of Champs-Elysees, Inc.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Janet M. Kleinfelter, Deputy Attorney General; for the appellee, Chancellor Perkins.

Judge(s): BENNETT

This appeal arises from a post-judgment discovery dispute. While the plaintiff’s prior appeal from the trial court’s judgment was pending in this court, the plaintiff made a discovery request in the trial court seeking to obtain alleged ex parte communications pertaining to the plaintiff’s attorney, the plaintiff, or the case. The trial court conducted a hearing and entered an order denying the discovery request; this appeal followed. We have determined that the trial court lacked subject matter jurisdiction to rule on the plaintiff’s discovery requests; therefore, the order at issue in this appeal is void. Further, this court’s ruling in the prior appeal, which resolved all issues in the underlying case, is now a final judgment. The underlying case is concluded and, thus, no further proceedings are available other than the assessment and collection of costs.