01/05/2023
IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
January 4, 2023
BENJAMIN MCCURRY v. AGNESS MCCURRY
Appeal from the Circuit Court for Washington County
No. 38147 Thomas J. Wright, Senior Judge
___________________________________
No. E2022-01767-COA-R3-CV
___________________________________
Because the order appealed from does not constitute a final appealable judgment, this Court
lacks jurisdiction to consider this appeal.
Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed
D. MICHAEL SWINEY, C.J.; JOHN W. MCCLARTY, J.; AND KRISTI M. DAVIS, J.
Agness McCurry, Johnson City, Tennessee, pro se appellant.
Sandy Phillips, Johnson City, Tennessee, for the appellee, Benjamin McCurry.
MEMORANDUM OPINION1
The appellant, Agness McCurry (“Appellant”), filed a notice of appeal on December
19, 2022, which states that appellant is appealing the December 19, 2022 order of the
Circuit Court for Washington County (“the Trial Court”). Appellant attached a copy of the
December 19, 2022 order to the notice of appeal. Upon review, this court determined that
the December 19, 2022 order was not a final judgment. By Order entered December 21,
2022, this Court ordered Appellant to show cause why this appeal should not be dismissed
1
Rule 10 of the Rules of the Court of Appeals provides:
This Court, with the concurrence of all judges participating in the case, may affirm,
reverse or modify the actions of the trial court by memorandum opinion when a
formal opinion would have no precedential value. When a case is decided by
memorandum opinion it shall be designated “MEMORANDUM OPINION,” shall
not be published, and shall not be cited or relied on for any reason in any unrelated
case.
for lack of a final judgment. Appellant responded to our show cause order, but failed to
show that a final judgment has been entered.
“A final judgment is one that resolves all the issues in the case, ‘leaving nothing
else for the trial court to do.’” In re Estate of Henderson, 121 S.W.3d 643, 645 (Tenn.
2003) (quoting State ex rel. McAllister v. Goode, 968 S.W.2d 834, 840 (Tenn. Ct. App.
1997)). This Court does not have subject matter jurisdiction to adjudicate an appeal as of
right if there is no final judgment. See Bayberry Assocs. v. Jones, 783 S.W.2d 553, 559
(Tenn. 1990) (“Unless an appeal from an interlocutory order is provided by the rules or by
statute, appellate courts have jurisdiction over final judgments only.”).
The December 19, 2022 order from which Appellant attempts to take an appeal sets
out the status of the proceedings in the Trial Court and states that Appellant’s “Motion
Requesting Immediate Sole Custody of the Minor Child” and Appellee’s Ex Parte
Emergency Motion have not yet been heard and remain pending in the Trial Court.
“Except where otherwise provided, this Court only has subject matter jurisdiction
over final orders.” Foster-Henderson v. Memphis Health Center, Inc., 479 S.W.3d 214,
222 (Tenn. Ct. App. 2015). As the order appealed from does not constitute a final
appealable judgment, this Court lacks jurisdiction to consider this appeal. The appeal is
hereby dismissed. Costs on appeal are taxed to the appellant, Agness McCurry, for which
execution may issue.
PER CURIAM
-2-