TBA Law Blog

Posted by: Stacey Shrader Joslin on Jun 29, 2020

The Tennessee Supreme Court today affirmed current law that appeals of an order of protection from a general sessions court must take place within 10 days. It also reaffirmed that common law writ of error as a means of appeal has been abolished. In the case of New v. Dumitrache et al., a general sessions court entered a one-year order of protection prohibiting David New from having contact with his ex-wife and their minor child. Over a month later, New appealed to the chancery court, arguing that the general sessions court had erred in issuing the order. When the chancery court rejected his claim, New appealed to the Court of Appeals. That court reversed the lower court, concluding that while the writ of error was abolished for some purposes, it remains a valid means of appealing a judgment. The Supreme Court rejected that interpretation, pointing out that neither the law nor the Tennessee Rules of Appellate Procedure provide for a writ of error.