IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs April 4, 2016

MITCHELL L. BOWERS 

v. TENNESSEE DEPARTMENT OF CORRECTION ET AL.

Appeal from the Circuit Court for Davidson County

No. 14C3173 Amanda Jane McClendon, Judge

No. M2015-01937-COA-R3-CV – Filed April 19, 2016

Plaintiff contends the trial court erred by dismissing this action for failure to prosecute. 

The trial court dismissed the action because the case had been pending for more than one 

year but no summons had been issued. We affirm.

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

FRANK G. CLEMENT, JR., P.J., M.S., delivered the opinion of the Court, in which THOMAS 

R. FRIERSON, II, and KENNY W. ARMSTRONG,JJ., joined.

Mitchell L. Bowers, Tiptonville, Tennessee, Pro se.

Herbert H. Slatery, III, Attorney General and Reporter; and Pamela S. Lorch, Senior 

Counsel, Nashville, Tennessee, for the appellee, Tennessee Department of Correction and 

Lois M. DeBerry Special Needs Facility.

MEMORANDUM OPINION1

Mitchell L. Bowers (“Plaintiff”) filed a complaint on August 1, 2014, in which he 

named several defendants; however, Plaintiff failed to prepare and file any summonses 

for the trial court clerk to issue for service of process. More than one year after the

complaint was filed, the trial court reviewed the status of the case and determined that 

 

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

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opinion it shall be designated “MEMORANDUM OPINION,” shall not be published, and 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.
- 2 -

service of process had not been attempted on any defendant and that no defendant had 

made an appearance. Acting pursuant to Rule 18 of the Local Rules of Court for the 

Twentieth Judicial District,2the trial court entered a final order on September 10, 2015, 

that reads:

It appearing to the Court a complaint was filed on August 1, 2014. The 

Court finds that summons were not issued pursuant to Rule 3 of the 

Tennessee Rules of Civil Procedure. Accordingly, the Court finds that the 

action should be dismissed with prejudice for failure to prosecute.

In this appeal, Plaintiff contends he gave the defendants “fair notice by 

institutional mail avenue.” He further contends the Davidson County Circuit Court 

“failed to properly notify [him] that [he] would be required to summons/serve other than 

the available legal method; institutional mailing or that the court would not perfect said 

summoning/serving of said Appellees.”

In the only filing with this court by the Office of the Attorney General, which is 

entitled “Notice To The Court,” Senior Counsel stated:

No defendants were ever served a summons and complaint in the case 

below. . . . 

As no person was ever served, the Office of the Attorney General did not 

enter an appearance on behalf of any defendants nor filed any pleading in 

the trial court below. Wherefore, the Office of the Attorney General hereby 

respectfully provides notice that it does not intend to file an appeal brief.

Having reviewed the very modest record in this matter, we affirm the action of the 

trial court.

IN CONCLUSION

The judgment of the trial court is affirmed, and this matter is remanded with costs 

of appeal assessed against Mitchell L. Bowers.

______________________________

FRANK G. CLEMENT, JR., JUDGE

 

2 Local Rule 18.01 states: “All civil cases must be concluded or an order setting the case for trial 

obtained within twelve (12) months from date of filing unless the court has directed a shorter or longer 

period.” Local Rule 18.02 allows the court to “take reasonable measures including dismissal or entering a 

scheduling order to enforce the time standard set forth” in Local Rule 18.01.