VIRGINIA LOUISE BURKE ET AL. v. HUNTSVILLE NH OPERATIONS LLC D/B/A HUNTSVILLE MANOR - Articles

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Posted by: Chandra Williams on Nov 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Martin L. Ellis, Knoxville, Tennessee, for the appellants, Virginia Louise Burke and Fred A. Burke.

Attorneys 2:

Wayne Kline, Knoxville, Tennessee, for the appellees, Huntsville NH Operations LLC d/b/a Huntsville Manor.

Judge(s): FRIERSON

The notice of appeal in this matter was filed with the trial court after expiration of the thirty-day deadline provided in Tennessee Rule of Appellate Procedure 4. This Court subsequently ordered the appellants to show cause why the appeal should not be dismissed as untimely. In response, the appellants filed a motion with the trial court, pursuant to Tennessee Rule of Civil Procedure 60.01, seeking alteration of the filing date on the notice of appeal. The trial court granted such relief while the appeal was pending in this Court, despite the absence of a remand. The defendant filed a motion to dismiss the appeal, which was deferred to the panel deciding this case. We conclude that absent a remand from this court, the trial court was without jurisdiction to act on the Tennessee Rule of Civil Procedure 60.01 motion while this appeal was pending. We therefore dismiss this appeal as untimely.

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