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Posted by: Chandra Williams on Jul 27, 2016

Court: TN Court of Appeals

Attorneys 1:

John R. Johnson III, Memphis, Tennessee, for the appellant, Matthew Jordan, Sr.

Attorneys 2:

Andre B. Mathis, Memphis, Tennessee, for the appellee, City of Memphis.

Judge(s): MCBRAYER

At its scheduled meeting, the City of Memphis Pension Board denied by voice vote a Memphis police officer?s request for benefits. At some point in time, which is unclear from the record, the Board approved minutes from its meeting, which reflected the denial of the police officer?s request. The police officer filed a petition for writ of certiorari, seeking judicial review of the Board's decision. The police officer supported his petition with an oath but failed to include a recitation indicating that the petition was his first application for the writ. The City of Memphis moved to dismiss the petition for lack of subject matter jurisdiction on the basis of the missing recitation. The trial court granted the motion. On appeal, the police officer argues that the missing recitation did not deprive the trial court of subject matter jurisdiction. In addition to the missing recitation, the City argues that the trial court also lacked subject matter jurisdiction because the petition was not filed within sixty days from the Board's decision on the request for benefits. We vacate the judgment of dismissal and remand for further proceedings.