IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

September 14, 2020

BENJAMIN MCCURRY v. AGNESS MCCURRY

Appeal from the Circuit Court for Washington County

No. 38147 James E. Lauderback, Judge

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No. E2020-01085-COA-R3-CV

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The Notice of Appeal filed by the appellant, Agness McCurry, stated that the appellant was 

appealing the judgment entered on August 17, 2020. As the August 17, 2020 order 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.

Donna Michael Hall Bolton, Johnson City, Tennessee, for the appellee, Benjamin 

McCurry.

MEMORANDUM OPINION1

Pursuant to the requirements of Rule 13(b) of the Tennessee Rules of Appellate 

Procedure, the Court directed the appellant to show cause why this appeal should not be 

dismissed for lack of subject matter jurisdiction after it became clear that there was no final 

 

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shall not be published, and shall not be cited or relied on for any reason in any 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,

09/15/2020
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judgment from which an appeal as of right would lie. “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.”). 

Specifically, the notice of appeal filed on August 18, 2020, states that the appellant,

Agness McCurry, is appealing the judgment entered on August 17, 2020. The August 17, 

2020 order, however, does not appear to be a final appealable judgment as it reserves for 

further hearing a motion for contempt, a motion for sanctions, and issues regarding child 

support and outstanding medical bills. 

The appellant filed a response to our show cause order, in which appellant argues 

“that the Trial Court did enter its final order on 9th October 2019 when it entered the order 

of the Permanent Parenting Plan.” We agree that the Trial Court’s October 9, 2019 order 

constituted a final judgment as it fully and finally disposed of the issues in the parties’ 

divorce suit. Appellant, however, did not timely appeal the October 9, 2019 order. See

Tenn. R. App. P. 4 (“the notice of appeal required by Rule 3 shall be filed with the clerk of 

the appellate court within 30 days after the date of entry of the judgment appealed from. . 

..”). We are not at liberty to suspend the time limit for filing a notice of appeal. See Tenn. 

R. App. P. 2 (“this rule shall not permit the extension of time for filing a notice of appeal 

prescribed in Rule 4. . ..”). As appellant failed to timely appeal the October 9, 2019 order, 

this Court lacks jurisdiction to consider appellant’s allegations and arguments regarding 

the October 9, 2019 order. 

“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 an appeal of the October 9, 2019 order was not timely filed, 

and the August 17, 2020 order 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