SAMUEL C. CLEMMONS, ET AL. v. JOHNNY NESMITH - Articles

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Posted by: Landry Butler on Nov 7, 2016

Court: TN Court of Appeals

Attorneys 1:

Joshua David Wilson, Brentwood, Tennessee, for the appellants, Samuel C. Clemmons, and Shannon N. Clemmons.

Attorneys 2:

Virginia Lee Story, Franklin, Tennessee, and Kathryn Lynn Yarbrough, Nashville, Tennessee, for the appellee, Johnny Nesmith.

Judge(s): STAFFORD

In this accelerated interlocutory appeal, Appellants appeal from separate orders denying two motions for recusal filed in this case. As to denial of the first motion for recusal, we hold that Appellants failed to file a timely appeal pursuant to Rule 10B of Rules of the Supreme Court of Tennessee. As to the denial of the second recusal motion, we hold that the recusal motion was ineffective because it was not signed by local counsel as required by Rule 19 of the Rules of the Supreme Court of Tennessee. In the absence of a timely filed appeal from an effective recusal motion, we dismiss this appeal.

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