JAMES WILLIAM SHERRELL, JR. v. LISA DANIELA SCHNUR - Articles

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Posted by: Landry Butler on Mar 1, 2018

Court: TN Court of Appeals

Attorneys 1:

John P. Konvalinka, Chattanooga, Tennessee, for the appellant.

Attorneys 2:

Glenna M. Ramer, Chattanooga, Tennessee, for the appellee.

Megan C. England, Chattanooga, Tennessee, Guardian Ad Litem.

Judge(s): SWINEY

The Trial Court in this custody proceeding attempted to certify as a final judgment, pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure, the order entered on March 31, 2017, which resolved all issues in the proceedings below except those related to the payment of child support for the benefit of the parties’ minor child. Because the order fails to expressly determine in accordance with the rule that “there is no just reason for delay,” the order is not appealable as a certified final judgment pursuant to Rule 54.02. See Fox v. Fox, 657 S.W.2d 747, 749 (Tenn. 1983). We therefore lack jurisdiction to consider this appeal and it is dismissed without prejudice to the filing of a new appeal once a final judgment or appropriately certified final judgment has been entered.

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