TENECCIA BROWN v. MEMPHIS HOUSING AUTHORITY - Articles

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Posted by: Tanja Trezise on May 27, 2015

Court: TN Court of Appeals

Attorneys 1:

Gregory L. Perry, Memphis, Tennessee, for the appellant, Memphis Housing Authority.

Attorneys 2:

Teneccia Brown, appellee.

Judge(s): GOLDIN

Appellee commenced a lawsuit in the Shelby County Chancery Court seeking to invalidate a writ of possession that previously had been filed pursuant to an order of the Shelby County Circuit Court. After conducting a hearing on the matter, the Chancery Court entered an order granting Appellee her request for relief. Because we conclude that Appellee’s lawsuit constituted a collateral attack of the Circuit Court judgment, and there is nothing in the record indicating that the Circuit Court was without jurisdiction, the Chancery Court’s order is hereby vacated. We remand the case to the trial court for the entry of an order dismissing Appellee’s case for lack of subject matter jurisdiction.

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