BRENTWOOD CHASE COMMUNITY ASSOCIATION V. TRIET TRUONG ET AL. - Articles

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Posted by: Tanja Trezise on Oct 31, 2014

Court: TN Court of Appeals

Attorneys 1:

Andrew Harrison Maloney, Nashville, Tennessee, for the appellant, Tiffany Curtiss.

Attorneys 2:

Alvin Louis Harris, Nashville, Tennessee, for the appellee, Brentwood Chase Community Association.

Judge(s): CLEMENT

This appeal involves an action by a homeowners association to enjoin alleged violations of the association’s declarations. The trial court adjudicated a portion of the alleged violations and directed the entry of a final judgment pursuant to Tenn. R. Civ. P. 54.02. We have determined that the trial court has not disposed of “one or more claims” within the meaning of Tenn. R. Civ. P.54.02, meaning all claims by or against that party, see Bayberry Associates v. Jones, 783 S.W.2d 553, 557 (Tenn 1990); therefore, we reverse the portion of the order directing the entry of a final judgment, dismiss this appeal without prejudice to any party subsequently pursuing an appeal as of right pursuant to Tenn. R. App. P. 3, and remand for further proceedings.

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