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Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Court: TN Court of Appeals

Attorneys 1:

Roger Murray, Harriman, Tennessee, appellant, pro se.

Attorneys 2:

Mark N. Foster, Rockwood, Tennessee, for the appellee, Dennis Miracle.

Judge(s): SWINEY

This is an appeal from a Final Order and Judgment in a case arising out of a dispute over real property located in Roane County, Tennessee. There was no court reporter present for the trial. The Chancellor recused himself from the case post-judgment but before the record was prepared and transmitted for this appeal. The Circuit Court Judge accepted the case by interchange for purposes of resolving the parties= dispute regarding a statement of the evidence for inclusion in the record. The Circuit Court Judge concluded that he was unable to resolve the parties= dispute pursuant to Rule 24(f) of the Rules of Appellate Procedure, and granted a new trial. As a result, there is no longer a final judgment in the proceedings below, and this Court no longer has jurisdiction to consider this appeal.