IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

February 9, 2022

JENNIFER SUSAN BENNETT v. DUNCAN GEOFFREY BENNETT

Appeal from the Chancery Court for McMinn County

No. 2013-CV-189 Jerri Bryant, Chancellor

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No. E2021-01086-COA-R3-CV

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Because the notice of appeal was not timely filed, this Court lacks jurisdiction to consider 

this appeal.

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

JOHN W. MCCLARTY, J.; THOMAS R. FRIERSON, II, J.; and KRISTI M. DAVIS, J.

Howard Luxon Upchurch, Pikeville, Tennessee, for the appellant, Duncan Geoffrey 

Bennett.

Matthew C. Rogers, Athens, Tennessee, for the appellee, Jennifer Susan Bennett.

MEMORANDUM OPINION1

Upon a review of the record, this Court determined that the notice of appeal was not 

timely filed in accordance with Rule 4(a) of the Tennessee Rules of Appellate Procedure. 

The Trial Court’s judgment was entered on August 17, 2021. The appellant, Duncan

Geoffrey Bennett (“Appellant”) filed his notice of appeal in this Court on September 17, 

2021, which is thirty-one days after entry of the order appealed. Accordingly, this Court 

entered an Order on January 20, 2022, ordering Appellant to show cause why this appeal 

 

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not be published, and shall not be cited or relied on for any reason in any unrelated 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

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should not be dismissed. 

Appellant filed a late response to our show cause order and a motion for an extension 

of time for the filing of the notice of appeal.

2

 In his motion, Appellant asks this Court to 

either extend the time for the filing of his notice of appeal or to construe a previous appeal, 

dismissed by Opinion entered on February 25, 2021, as a premature filing of the instant 

appeal. 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). Furthermore, the previous appeal was 

dismissed for lack of jurisdiction well before entry of the final judgment in the Trial Court

on August 17, 2021. As such, no appeal that could have been considered premature was 

pending before this Court at the time of entry of the August 17, 2021 order. 

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 . . ..” Tenn. R. App. P 4(a). “The 

thirty-day time limit for filing a notice of appeal is mandatory and jurisdictional 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). 

Because Appellant failed to file his notice of appeal within thirty days of entry of 

the Trial Court’s judgment, the notice of appeal was untimely filed, thus depriving this 

Court of jurisdiction. This appeal is hereby DISMISSED. Costs on appeal are taxed to 

Appellant, Duncan Geoffrey Bennett, for which execution may issue. 

PER CURIAM

 

2 Our January 20, 2022 Order ordered appellant to show cause on or before February 7, 

2022. Appellant did not file any response until February 9, 2022.