GRAND VALLEY LAKES PROPERTY OWNERS’ ASSOCIATION, INC. v. HAROLD R. GUNN AND PATSY R. GUNN (Tenn. Ct. App. April 13, 2009).
This is an appeal from the grant of a voluntary dismissal. The plaintiff homeowners’ association sued the defendants in general sessions court for dues owed. The homeowners’ association was awarded a judgment. The defendants appealed to the circuit court below, seeking a de novo hearing. For several years, the appeal remained pending with no activity. In the meantime, the defendants sold the subject property. The judgment due to the homeowners’ association was paid by the purchaser of the subject property to remove any cloud on the title. Having been paid, the homeowners’ association filed a notice of satisfaction of judgment in the circuit court. The defendants filed a motion to set aside the satisfaction of judgment. The circuit court entered an order dismissing the defendants’ appeal. The circuit court later denied the defendants’ motion to set aside the satisfaction of judgment. From that order, the defendants now appeal. We find that the circuit court order is not final and appealable. Therefore, we dismiss the defendants’ appeal for lack of jurisdiction.
Opinion may be found at the TBA website: http://www.tba2.org/tba_files/TCA/2009/grandvalleylakes_041309.pdf
“The Gunns’ notice of appeal was filed within thirty days of the circuit court’s May 12, 2008 order. In the May 12 order, however, the circuit court did not resolve Grand Valley’s request for attorney’s fees contained in Grand Valley’s response to the Gunns’ motion to set aside the satisfaction of judgment. As we have stated, except as otherwise permitted in Rule 9 and in Rule 54.02, an order adjudicating fewer than all the claims of the parties is not a final, appealable order. Tenn. R. App. P. 3(a); Tenn. R. Civ. P. 54.02. Because the trial court did not resolve this issue in the May 12, 2008 order, the order is not final and appealable.” Id.
