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Posted by: Tanja Trezise on Aug 29, 2014

Court: TN Court of Appeals

Attorneys 1:

Stephen Harold Byrd, Knoxville, Tennessee, for the appellant.

Attorneys 2:

Christopher D. Heagerty, Knoxville, Tennessee, for the appellee.

Judge(s): PER CURIAM

The appellant, Everette Ivey (“Plaintiff”), appeals from an order of the trial court which granted the motion for summary judgment filed by the appellee, CRS Exteriors (“Defendant”), entered judgment in favor of Defendant on its counterclaim and dismissed Plaintiff’s claim for relief in the original complaint. The order held in abeyance “[t]he remaining issues with regard to the damages due [Defendant], along with the issue of attorneys’ fees recoverable by [Defendant] under the terms of the contract” at issue in the proceedings below. Because it is clear that the order appealed from does not resolve all issues raised in the proceedings below, this appeal is dismissed for lack of jurisdiction.