IN THE COURT OF APPEALS OF TENNESSEE

AT JACKSON

September 18, 2019 Session

BELGRAVIA SQUARE, LLC. v. MELVIN WHITE ET AL.

Appeal from the Circuit Court for Shelby County

No. CT-005178-18 James F. Russell, Judge

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No. W2018-02196-COA-R3-CV

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Appellant appeals the trial court’s dismissal of his appeal from general sessions court in 

this unlawful detainer action. The general sessions court granted immediate possession 

of the disputed property to Appellee, and Appellant appealed to the circuit court. 

Although Appellant remained in possession of the property, he did not post the required 

possessory bond. Tenn. Code Ann. § 29-18-130(b)(2). The trial court dismissed the 

appeal finding that, in the absence of the required bond, it had no subject matter 

jurisdiction to hear the case. Because the statutory possessory bond is not jurisdictional, 

we conclude that the trial court erred in dismissing Appellant’s appeal. 

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court 

Reversed and Remanded

KENNY ARMSTRONG, J., delivered the opinion of the court, in which J. STEVEN 

STAFFORD, P.J., W.S. and CARMA D. MCGEE, J., joined.

Drayton D. Berkley, Memphis, Tennessee, for the appellant, Melvin White.

Richard J. Myers, Memphis, Tennessee, for the appellee, Belgravia Square, LLC.

OPINION

I. Background

This case involves possessory rights in real property known as 1436 Oak Lake 

Circle, Collierville, Tennessee (the “Property”). Appellant Melvin White purchased the 

Property in 2000 and procured a mortgage with Bank of America (the “Bank”). Mr. 

White defaulted on his loan, and the Bank foreclosed on the Property. The Property was 

scheduled for foreclosure sale on August 30, 2018. 

11/07/2019
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Two days before the foreclosure sale, on August 28, 2018, Mr. White filed suit 

against the Bank in the United States District Court for the Western District of Tennessee 

(“federal lawsuit”). In the federal lawsuit, Mr. White, who is African American, sought

damages on allegations of discrimination under the Fair Housing Act and Equal Credit 

Opportunity Act. Mr. White also sought to enjoin the foreclosure sale. Despite the 

pending federal lawsuit,

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the foreclosure sale went forward on August 30, 2018, and 

Appellee Belgravia Square, LLC (“Belgravia”) purchased the Property. 

Mr. White refused to vacate the Property. On September 28, 2018, Belgravia filed 

an unlawful detainer action in the general sessions court. On October 25, 2018, Mr. 

White amended his federal lawsuit to name Belgravia as a defendant. Mr. White moved 

to dismiss the general sessions court’s detainer action on the ground that the federal court 

had primary jurisdiction over the Property, and the federal lawsuit was still pending. 

Following a hearing, the general sessions court denied Mr. White’s motion to dismiss. 

On October 29, 2018, the general sessions court entered its judgment finding that 

Belgravia was entitled to immediate possession of the Property. While retaining 

possession of the Property, on October 31, 2018, Mr. White filed a notice of appeal to the 

Circuit Court of Shelby County (the “trial court”). On November 28, 2018, Belgravia 

moved the trial court for a writ of possession of the Property. Belgravia asserted, inter 

alia, that Mr. White “failed to post the statutory bond equal to one year’s rent of the 

Subject Property; or $37,116.00.” Mr. White opposed the motion, which the trial court 

heard on December 7, 2018. By order of December 10, 2018, the trial court dismissed 

Mr. White’s appeal from general sessions court. The trial court held that it lacked subject 

matter jurisdiction over the appeal because Mr. White failed to post the bond required 

under Tennessee Code Annotated section 29-18-130(b)(2). Mr. White appeals. 

II. Issues

Mr. White raises six issues in his brief. However, we perceive that there is one 

dispositive issue: Whether the trial court erred in dismissing Mr. White’s appeal for lack 

of subject matter jurisdiction based on Mr. White’s failure to post the possessory bond 

under Tennessee Code Annotated section 29-18-130(b)(2).2

 

1 The federal court entered an order on September 13, 2018 denying injunctive relief to stop the 

foreclosure sale. However, the discrimination allegations were not dismissed. 

2 After this appeal was filed, the parties entered into a “Possession Agreement” on January 24, 2019. 

Under the agreement, Mr. White agreed to post the $37,116 possessory bond to remain in possession of 

the Property. This agreement, however, does not render this appeal moot. The respective possessory 

rights of the parties were not addressed by the trial court because it found that it had no subject matter

jurisdiction. On appeal, this Court must determine whether the trial court erred in dismissing the appeal. 

If so, the trial court may address the substantive issues on remand. 
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III. Standard of Review

Subject matter jurisdiction involves the court’s lawful authority to adjudicate a 

controversy brought before it. Chapman v. DaVita, Inc., 380 S.W.3d 710, 712 (Tenn. 

2012); Meighan v. U.S. Sprint Commc’ns Co., 924 S.W.2d 632, 639 (Tenn. 1996). 

Subject matter jurisdiction is conferred by statute or the Tennessee Constitution; the 

parties cannot confer it by appearance, plea, consent, silence, or waiver. In re Estate of 

Trigg, 368 S.W.3d 483, 489 (Tenn. 2012). Any order entered by a court lacking 

jurisdiction over the subject matter is void. Id. Therefore, subject matter jurisdiction is a 

threshold inquiry, which may be raised at any time in any court. Id.

Where subject matter jurisdiction is challenged, the party asserting that subject 

matter jurisdiction exists has the burden of proof. Chapman, 380 S.W.3d at 

712; Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d 436, 445 

(Tenn. 2012). A determination of subject matter jurisdiction involves questions of law; 

therefore, rulings on such questions are reviewed de novo on appeal, without any 

presumption of correctness. In re Estate of Trigg, 368 S.W.3d at 489; see also Lovlace 

v. Copley, 418 S.W.3d 1, 17 (Tenn. 2013); Chapman, 380 S.W.3d at 712-13.

IV. Analysis

Mr. White first contends that his pending federal lawsuit foreclosed the trial 

court’s jurisdiction to decide the issue of possession of the Property. As explained by this 

court in JP Morgan Chase Bank v. Franklin Na’l Bank, No. M2005-02088-COA-R3-

CV, 2007 WL 2316450, at *5 (Tenn. Ct. App. Aug 13, 2007):

Pursuant to a long-standing general rule reflecting this nation’s dual court 

system, the United States Supreme Court has determined that a state court 

may neither enjoin proceedings before a federal court nor prevent a party 

from pursuing a federal court remedy. Baker ex rel. Thomas v. Gen. 

Motors Corp., 522 U.S. 222, 236 n.9 (1998); Gen. Atomic Co. v. Felter, 

434 U.S. 12, 15-18 (1977); Donovan v. City of Dallas, 377 U.S. 408, 412-

14 (1964). The Tennessee Supreme Court has also recognized this 

principle. Roy v. Brittain, 297 S.W.2d 72, 74 (1956). Deviation from this 

general principle has been permitted only under limited circumstances . . . . 

Notably, state courts may enjoin proceedings in federal courts in rem or 

quasi in rem matters, Princess Lida of Thurn and Taxis v. Thompson, 305 

U.S. 456, 465-68 (1939), in order “to protect the jurisdiction of the state 

court over property in its custody or under its control.” CHARLES ALAN 

WRIGHT, LAW OF FEDERAL COURTS 296 (5th ed. 1994). 

(footnotes omitted). Although Mr. White relies on the Princess Lida case to support his 

proposition that exclusive jurisdiction over the Property lies with the federal court, the 
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holding in Princess Lida applies only in cases where the state and federal courts exercise 

in rem or quasi in rem jurisdiction over the same res. It is well settled that a detainer 

action is an in personam action to decide the possessory interests over the res as between 

the parties. Tenn. Code Ann. § 29-18-119 (“The general sessions judge will try every 

case upon its merits and ascertain whether the plaintiff or defendant is entitled to the 

possession of the premises . . . . The estate, or merits of the title, shall not be inquired 

into.”) (emphasis added). In other words, in a detainer action, “the court is dealing with 

the right of one party to have another do a particular thing. The right and the remedy are 

not complicated by the rights or interests of others.” U.S. Gypsum Co. v. Am. Sur. Co. 

of N.Y., 1931 WL 1607 (Tenn. Ct. App. Dec. 16, 1931), perm. app. denied (Tenn. Mar.

26, 1932) (citing Anderson-Tully v. Thompson, 177 S. W. 66 (Tenn. 1915)). Concerning 

jurisdiction over in personam actions versus in rem actions, the Princess Lida Court 

explained:

[I]t is settled that where the judgment sought is strictly in personam, both 

the state court and the federal court, having concurrent jurisdiction, may 

proceed with the litigation at least until judgment is obtained in one of them 

which may be set up as res judicata in the other. On the other hand, if the 

two suits are in rem, or quasi in rem, so that the court, or its officer, has 

possession or must have control of the property which is the subject of the 

litigation in order to proceed with the cause and grant the relief sought the 

jurisdiction of the one court must yield to that of the other. 

Princess Lida, 305 U.S. at 466 (footnote omitted). As noted above, in the federal 

lawsuit, the judge denied injunctive relief on the foreclosure action. Although other 

questions are pending in the federal court, there is no final judgment that would preclude 

the state court from exercising jurisdiction over the in personam detainer action.

We next address whether the trial court erred in concluding that it lacked subject 

matter jurisdiction over the appeal from general sessions court because Mr. White failed 

to make a possessory bond. Tennessee Code Annotated section 29-18-130(b) provides, 

in relevant part:

(a) [. . .] in any action of forcible entry and detainer, forcible detainer, or 

unlawful detainer, brought before a judge of the court of general sessions, 

and a writ of possession is awarded, the same shall be executed and the 

plaintiff restored to the possession immediately.

(b)(1) If the defendant pray an appeal, then, in that case, the plaintiff shall 

execute bond, with good and sufficient security, in double the value of (1) 

year’s rent of the premises, conditioned to pay all costs and damages 

accruing from the wrongful enforcement of such writ, and to abide by and 
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perform whatever judgment may be rendered by the appellate court in the 

final hearing of the cause. 

(2) In the case where the action has been brought by a landlord to recover 

possession of leased premises from a tenant on the grounds that the tenant 

has breached the contract by failing to pay the rent, and a judgment has 

been entered against the tenant, subdivision (b)(1) shall not apply. In that 

case, if the defendant prays an appeal, the defendant shall execute bond, or 

post either a cash deposit or irrevocable letter of credit from a regulated 

financial institution, or provide two (2) good personal sureties with good 

and sufficient security in the amount of one (1) year’s rent of the premises, 

conditioned to pay all costs and damages accruing from the failure of the 

appeal, including rent and interest on the judgment as provided for herein, 

and to abide by and perform whatever judgment may be rendered by the 

appellate court in the final hearing of the cause. The plaintiff shall not be 

required to post a bond to obtain possession in the event the defendant 

appeals without complying with this section. The plaintiff shall be entitled 

to interest on the judgment, which shall accrue from the date of the 

judgment in the event the defendant’s appeal shall fail.

Tenn. Code Ann. § 29-18-130(b). It is undisputed that at the time the trial court 

dismissed the appeal, Mr. White had not filed a bond pursuant to Tennessee Code 

Annotated section 29-18-130(b)(2). However the Tennessee Supreme Court has 

explained that “the bond requirement of section 29-18-130(b)(2) is not jurisdictional and 

applies only to those tenants in an unlawful detainer action who wish to stay the writ of 

possession after a general sessions court’s judgment in favor of the landlord and retain 

possession of the property during the appeal.” Johnson v. Hopkins, 432 S.W.3d 840, 

848 (Tenn. 2013). The statute “contemplates that a tenant may appeal without posting 

bond,” which “indicates that the bond is not jurisdictional but rather is non-jurisdictional 

and designed to stay the landlord’s writ of possession.” Id. at 849. 

In line with the Tennessee Supreme Court’s holding in Johnson, this Court has 

also held that a tenant’s failure to post a bond pursuant to Tennessee Code Annotated 

section 29-18-130(b)(2) does not deprive a trial court of jurisdiction to hear the tenant’s 

appeal from general sessions court.3 Rentals v. Appelt, No. E2017-01565-COA-R3-CV, 

2018 WL 3701826, at *3 (Tenn. Ct. App. Aug. 3, 2018). In Appelt, we explained that 

jurisdiction is established

 

3 We acknowledge that this Court came to the opposite conclusion in Crye-Leike Prop. Mgmt. v. Dalton, 

No. W2015-02437-COA-R3-CV, 2016 WL 4771769 (Tenn. Ct. App. Sept. 12, 2016). However, upon 

further consideration, in Rentals v. Appelt we determined that we erred in the earlier opinion. No. E2017-

01565-COA-R3-CV, 2018 WL 3701826, at *5 (Tenn. Ct. App. Aug. 3, 2018).
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even where the tenant fails to surrender possession voluntarily. The 

following language from Tenn. Code Ann. § 29-18-130(b)(2) bolsters our 

conclusion: “The plaintiff [landlord] shall not be required to post a bond to 

obtain possession in the event the defendant [tenant] appeals without 

complying with this section.” Tenn. Code Ann. § 29-18-130(b)(2). This 

language would be completely unnecessary and meaningless if a tenant in 

possession who appealed without posting the bond could have her suit 

dismissed for failing to perfect her appeal. “The Court has a duty to 

construe a statute so that no part will be inoperative, superfluous, void or 

insignificant.” McGee v. Best, 106 S.W.3d 48, 64 (Tenn. Ct. App. 2002). 

In short, if a tenant does not post a bond of one year’s rent, her appeal can 

continue . . . .

Here, the trial court dismissed Mr. White’s appeal on its finding that “since this 

matter is an appeal of a General Sessions possessory judgment in favor of 

Plaintiff/Appellee and against Defendants/Appellants, and since Defendants/Appellants 

did not post the bond required by T.C.A. § 29-18-130(b)(2), then this court lacks subject 

matter jurisdiction over this appeal.” Respectfully, the trial court’s holding is in 

contravention of the Supreme Court’s ruling in Johnson and subsequent cases applying 

Johnson. The statute and case law make clear that a possessory tenant’s failure to file a 

bond in the amount of one year’s rent does not prevent that tenant from perfecting his or 

her appeal to circuit court. Tenn. Code Ann. § 29-18-130(b); Appelt, 2018 WL 3701826, 

at *3; McLucas v. Nance, No. M2015-00642-COA-R3-CV, 2015 WL 5936935, at *3 

(Tenn. Ct. App. Oct. 12, 2015); Valley View Mobile Home Parks, LLC v. Layman 

Lessons, Inc., No. M2007-01291-COA-R3-CV, 2008 WL 2219253, at *3 (Tenn. Ct. 

App. May 27, 2008). Because the Tennessee Code Annotated section 29-18-130(b) bond 

is non-jurisdictional, the trial court erred in dismissing Mr. White’s appeal although he 

remained in possession of the Property. 

V. Conclusion

For the foregoing reasons, we reverse the trial court’s order dismissing Mr. 

White’s appeal. The case is remanded for such further proceedings as may be necessary 

and are consistent with this opinion. Costs of this appeal are assessed one-half to 

Appellant Melvin White, and one-half to Appellee Belgravia Square, LLC, for all of 

which execution may issue if necessary.

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KENNY ARMSTRONG, JUDGE