## IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Ju ly 23 , 2021 **TYWAN SYKES v. JAMES BERRONG, ET AL. Appeal from the Circuit Court for Blount County**  **No. L -**  **19542 David Reed Duggan, Judge** 

**___________________________________ No. E2021** 
**- 00726** 
**- COA** 
**- UNK** **- CV** 

**___________________________________** Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction to consider this appeal.

**Tenn. R. App. P. 3 Appeal as of Right; Appeal Dism issed**  T HOMAS 

### R. F RIERSON 

### , II , J.; J OHN 

### W. M C 

### C LARTY 

### , J.; AND K RISTI M. 

### D AVIS 

### , J. Tywan Montrease Sykes , Maryville, Tennessee, pro se appellant

. Craig Lawrence Garrett , Maryville , Tennessee, for the appellees, James Berrong, and Shannon Carswell. **MEMORANDUM OPINION 1**  

### The pro se appellant did not file a notice of appeal in this Court, but instead filed a document titled “Motion to Continue,” which appears to seek an extension of time within which to appeal the May 21, 2021 judgment of the Circuit Court for Blount County. The Motion to Continue was filed in this Court on June 22, 2021. As such, even if this Court were to construe the Motion to Continue as a notice of appeal 2 

### , it was untimely filed to

1 Rule 10 of the Rules o f the Court of Appeals provides: This Court, with the concurrence o f a ll judges part icipat ing in the case, may affirm, reverse or mo dify the act io ns of t he trial c ourt by memorandum opinio n when a formal

opinio n would have no precedential val ue. When a case is decided by memorandum opinion i t shall be designated “MEMORANDUM OPINION,” shall not be published, and shall not be ci ted or relied on fo r any reason in any unrelated case

. 2 Rule 3 of

the Tennessee Rules of Appellate Procedure provides: “An appeal shall not be

### - 2

-

initiate an appeal. By Order entered June 30, 2021, this Court ordered appellant to show cause why this appeal should not be dismissed. A ppellant failed to respond to our show cause order. 3 

### A notice of appeal “shall be filed with the clerk of the appellate court within 30 days after the date of entry of the judgment appealed from . . ..”T enn. R. App. P 4(a). “ The thirty

- day time limit for filing a notice of appeal is mandatory and jurisdic tional in civil cases.” Albert v. Frye , 145 S.W.3d 526, 528 (Tenn. 2004); see also Ball v. McDowell , 288 S.W.3d 833, 836 (Tenn. 2009). If a notice of appeal is not timely filed, this Court is not at liberty to waive the procedural defect. Tenn. R. App. P. 2.; see also Arfken & Assocs., P.A. v. Simpson Bridge Co. , 85 S.W.3d 789, 791 (Tenn. Ct. App. 2002). Appellant filed the Motion to Continue thirty

- two days after entry of the Trial Court’s May 21, 2021 judgment. 4 

### As appellant failed to file his not ice of appeal within thirty days of entry of the Trial Court’s judgment, the notice of appeal was untimely filed, thus depriving this Court ofjurisdiction. This Court is not at liberty to waive the procedural defect or to grant an extension of time to fi le an appeal. This appeal is hereby DISMISSED. Costs on appeal are taxed to the appellant, Tywan Montrease Sy kes , for which execution may issue. **PER CURIAM** 

di smissed for informa lit y of f orm or ti tle of notice of

appeal .” Tenn. R. App. P. 3(f). 3 Appellant is a pro se lit igant incarcerated in a correctional f acili ty . A s such, Rule 20(g) of t he Tennessee Rules of A ppellate Procedure would apply. R ule 20(g), however, provides: “S hould timeliness of

f iling or service become an issue, the burden is on the pro se lit ig ant to establish co mp liance wi

th t his provi sion .” T enn. R. App. P. 20(g). A s noted above, appellant failed to respond to our show cause order and, th us, has fa iled to carry

t he burden of

s howing com pliance wi

th Tenn. R. App. P. 20(g). 4 The thi rtieth day af

ter entry of t he Trial Court’s May 21, 2021 judgment was June 20, 2021, which was a Sunday. A s such, pursuant to Rule 21 of t he Tennessee Rules of

A ppellate Proce dure, appellant had unt il Monday, June 21, 2021 wi thin which to timely

file his appeal

. See Tenn. R. App. P. 21(a) (“The la st day of t he period so co mputed shall be included unless iti s a Saturday, a Sunday, or a legal ho liday . . ..”). Appellant filed his Motion to Continue on Tuesday, June 22, 2021.