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Posted by: Karen Belcher on May 18, 2018

Court: TN Court of Appeals

Attorneys 1:

T. Jake Wolaver and Adrienne L. Dale, Columbia, Tennessee, for the appellant, Margaret Winebrenner.


Attorneys 2:

Christopher J. Skinner and Robin J. Gordon, Nashville, Tennessee, for the appellee, Johnnie Mackalyn Godwin, Executrix of the Estate of Johnny Mack Galbreath.

Judge(s): GOLDIN

This is a probate case. The chancery court entered an order purporting to close a probate estate. Several months later, the Appellant filed a Tennessee Rule of Civil Procedure 60.02(2) motion to set aside the order closing the estate on the basis of fraud and/or misconduct. The Appellant averred that her “verbal contract” claim which she had timely filed as a claim against the estate remained outstanding. After a hearing, the court denied the motion, having concluded that the Appellant failed to offer sufficient proof to substantiate her allegations and to justify re-opening the decedent’s estate. Because the order closing the estate was not final, we dismiss the appeal for lack of subject matter jurisdiction, and remand to the trial court to enter a final judgment addressing Appellant’s claim.