IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

Assigned December 21, 2013

JAMES EVERETT FERRELL v. STATE OF TENNESSEE

Appeal from the Tennessee Claims Commission,

No. T20121021 Robert Hibbett, Commissioner

No. M2013-01032-COA-R3-CV - Filed November 26, 2013

Tenn. R. App. P. 3 Appeal as of Right Dismissed

PATRICIA J. COTTRELL, P.J., M.S., delivered the opinion of the Court, in which FRANK G.

CLEMENT, JR. and ANDY D. BENNETT, JJ., joined.

James Evertt Ferrell, Morrison, Tennessee, Pro Se.

Robert E. Cooper, Attorney General and Reporter, Michael Lee Delisle, Mark Alexis

Hudson, Assistant Attorney General for the appellee, State of Tennessee.

MEMORANDUM OPINION

1

This is an appeal from a decision of the Tennessee Claims Commission dismissing a

claim filed by James Ferrell alleging that his pickup truck was unlawfully taken from him.

The State of Tennessee has filed a motion to dismiss the appeal for failure to file a timely

notice of appeal. Claims Commissioner Hibbitt entered an order dismissing Mr. Ferrell’s

claim on September 24, 2012. Mr. Ferrell filed a Motion to Reconsider that was denied on

November 21, 2012. On December 3, 2013, Mr. Ferrell filed a Petition for En Banc Hearing.

The Claims Commission denied the Petition for En Banc Hearing on February 26, 2013. Mr.

Ferrell then filed a Motion to Reconsider En Banc Denial. The Claims Commission denied

the Motion to Reconsider En Banc Denial on March 26, 2013. Mr. Ferrell filed his notice

Tenn. R. Ct. App. 10 states: 1

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be designated “MEMORANDUM OPINION,” shall not be published, and shall not be cited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.
of appeal on April 24, 2013.

Appeals from decisions of the Tennessee Claims Commission are governed by the

Tennessee Rules of Appellate Procedure. Tenn. Code Ann. § 9-8-403(a)(1). Tenn. R. App.

P. 4(a) requires parties to file a notice of appeal with the trial court clerk within thirty days

after the entry of the final judgment. If one of the post-judgment motions listed in Tenn. R.

App. P. 4(b) and Tenn. R. Civ. P. 59.01 is timely filed, the time for filing the notice of appeal

will run from the date of the order granting or denying the motion. However, motions to

reconsider such post-judgment motions are not authorized and filing post-judgment motions

in serial fashion will not extend the time for filing the notice of appeal. Tenn. R. Civ. P.

59.01; Southern Co-op Development Fund Inv. Corp. v. Gilliam, App. No.

01A01-9112-CV-000302, 1992 WL 104752 (Tenn. Ct. App. May 19, 1992) (Perm. App.

Denied August 24, 1992).

Pursuant to Rule 0310-1-1-.01(14) and .03(1) of the Rules of the Tennessee Claims

Commission, “[a] motion by any party for an En Banc Hearing before the Tennessee Claims

Commission is regarded as a motion for new trial and shall have the same effect as a motion

for new trial (59.02) in this rule and all other rules of procedure.” Mr. Ferrell was thus

required by Tenn. R. App. P. 4(b) to file his notice of appeal, at the latest, within thirty days

after entry of the order denying his Petition for En Banc Hearing. Mr. Ferrell’s Motion to

Reconsider En Banc Denial was not authorized by the rules and did not extend the time for

filing the notice of appeal. Tenn. R. Civ. P. 59.01.

The time limit for filing a notice of appeal is mandatory and jurisdictional. Albert v.

Frye, 145 S.W.3d 526, 528 (Tenn.2004); Binkley v. Medling, 117 S.W.3d 252, 255 (Tenn.

2003). This court can neither waive nor extend the time period. Tenn. R. App. P. 2 and

21(b); Flautt & Mann v. Council of City of Memphis, 285 S.W.3d 856, 869 (Tenn. Ct. App.

2008); Jefferson v. Pneumo Serv. Corp. 699 S.W.2d 181, 184 (Tenn. Ct. App. 1985). The

failure to file a timely notice of appeal deprives this court of jurisdiction to hear the matter.

Flautt & Mann v. Council of City of Memphis, 285 S.W.3d at 869.

It is, therefore, ordered that this appeal be dismissed for failure to file a timely notice

of appeal. The appellant is taxed with the costs for which execution may issue.

PER CURIAM

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