IN RE ESTATE OF JAMES KEMMLER ROGERS - Articles

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Posted by: Landry Butler on Oct 18, 2016

Court: TN Court of Appeals

Attorneys 1:

John A. Beam, III and Irene R. Haude, Nashville, Tennessee, for the appellant, Patricia Porter Kryder a/k/a Patricia K. Gainer.

Attorneys 2:

Andra J. Hedrick, Nashville, Tennessee, for the appellees, James Schneider Rogers and Jennifer Rogers-Etcheverry.

Judge(s): ARMSTRONG

Appellant, as a purported creditor of Decedent, appeals the trial court's denial of her petition to open primary or ancillary probate of Decedent's estate in Tennessee. Appellees, the Decedent's surviving children, argued, inter alia, that Appellant lacked standing to pursue probate in Tennessee. The trial court did not address the standing issue before denying probate. We conclude that, in the absence of a ruling on standing, the trial court's order is not final and appealable under Tennessee Rule of Civil Procedure 3(a). As such, this Court does not have subject-matter jurisdiction to hear the appeal. Appeal dismissed.

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