1 Rule 10 (Cour t of Ap peals). Memorandum Op ini on. - This Court, with the concu rrence of all judges participati ng in t

he c as e, may affi rm, reverse or modify the act ions of the t

rial court by memorand um opinion when a formal opinion would have no precedential value. When a case is decided by memo randum opinion i t shal l be desi gnated “MEMORANDU M OPINION”, shal l not be p ublishe d, and shall not be ci ted or rel ied on for any rea son in a ny unr elat ed case. 

### IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON ASSIG NED O N BRIE

FS MAY 6, 2002 ROWANA BOBO AN

D KEVIN BOBO v. LEA NTHER G. WILLETT Direct Appeal from the Circuit Court for Shelby County No. 300289 T.D.; The Honorable John R. McCarroll, Jr., Judge

No. W2001-02552-COA-R3-CV - Filed Novem ber 7, 2002 This case involves bodily injuries ar ising from a m otor veh icle accident that occurred on Octobe r 19, 1998 in Memphis, Tennessee. The trial court returned a verdict for the P

laintiff s. Plaintiffs then filed a motion fo

r new tri al or alte

rnatively for an additur. The trialcourt granted Plaintiff’s motion for new trial and this appeal ensued. Tenn. R. App.P. 3; Ap peal as of Rig ht; Judgment of the C ircuit Court Dism issed & Remanded A LAN E. H IGHERS , J., delivered the opinion of the court, in which D AVID R. F ARMER , J., and H OLLY K IRB Y L ILLARD , J., joined. R. Lay ne Holley, Memphis, TN, for Appellant David Hill, Corey L

eathers, Memphis, TN, for Appellees

MEMORAN

DUM OP

INION 1 This case inv olves b odily inj uries resulting from a motor vehicle accide nt which occurred
on October

19, 1998 on

Raines Roa

d in Memphi s, Tenne ssee. Ap pellees , Rowana

Bobo (“Mrs.-2-

Bobo”) and K evin Bob o (“Mr. B obo”), w ere re ar-end ed by the Appellant, L

eanther Willett (“M s. Willett”).
The case began in the

circuit court, at which the jury returned a verdict

in favor of Mr. and Mrs. Bobo as to liability and dama ges, awarding Mr. B obo the sum of $75.00 and Mrs. Bobo the
sum of $150.00. Thereafter, Mr. and Mrs. Bobo filed a motion for new trial or

alternatively f

or an additur. The trial court granted Mr. and Mrs. Bobo’s motion for a new trial as to all issues presented. This appeal ensued from

the trial court’s order for a new trial. Ms. Willett raises multiple issues on appeal. These issues, however, will not be addressed by this court due to lac k of sub ject matter jurisdiction.
Law and Analysis

Tennessee Rules of Appellate Procedure 3(a ) p rovides in pertinent part “[i]n civil actions every final judg

ment ente red by a tria l court from wh ich an appeal lies to the Supreme Court or Courtof Appeals is appealable as of right.” In the present case, Appellant appeals the ruling of the trial court’s grant of a new trial. Howe ver, Tennessee case law

is clear that an order

granting a new trial is not a final judgment and therefore is not appealable as a matter of right. Davis v. Flynn , No. E1999-00421-COA-R3-CV, 2000 Tenn. App. LEXI S 439, at *3 (Tenn . Ct. App. June 21, 2000); Evans v. Wilson , 776 S.W.2d 9 39, 941 (T enn. 1989 ); Panzer v. King , 743 S.W.2d 612, 616 (Tenn. 1988)
.-3-

Appellee, citing ju dicial ec onomy , asks thiscourt to addressthe issues raised by Appe llant
even though not brought

before this court using correct appe llate procedure. This court must decline to do so. In accorda

nce with Tennessee Rules of Appellate Procedure 3(a), where there has been no final judgment, we are without jurisdi ction to a ddress the issues raised on appeal. Davis , 2000 Tenn. App. LEXI

S 439, at *3 ; Fox v. Wisdom , No. 89-184-II , 1990 Tenn. App. LEXI S 109, at *3 (Tenn. Ct. App. Feb. 22, 1990) ; Maberry v. Bean , No . 87 -32 8-II, 1988 Tenn. App. LEXI S 279, at *4 (Tenn. Ct. App. May 10, 1988).

Conclusion

Ac co rd in gl y, because this court lacks subject matter jurisdict ion, we di smiss this appeal and remandto the trial cou

rt for fu rther pr oceedings. Costson appea l taxed to the

Appellan t, Leanther Wi ll et t, an d h is su re ty, fo r w hi ch ex ec ut io n m ay i ss ue if ne ce ss ar y.

______________________________ ALAN E. HI

GHERS, JUDGE