IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

February 15, 2022

ROBERT K. PERRY v. THOMAS BROCKWAY, SR. ET AL.

Appeal from the Chancery Court for Wayne County

No. 2018-CV-5936 David L. Allen, Judge

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No. M2021-00532-COA-R3-CV

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Plaintiff appeals the dismissal of his action to set aside several alleged fraudulent 

conveyances. Because the orders appealed do not resolve all the claims between the 

parties, we dismiss the appeal for lack of a final judgment.

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

FRANK G. CLEMENT, JR., P.J., M.S., ANDY D. BENNETT, and W. NEAL MCBRAYER, JJ.

Andrew B. Sanders, Memphis, Tennessee, for the appellant, Robert K. Perry.

Charles M. Weirich, Jr., Memphis, Tennessee, for the appellees, Brockway I Irrevocable 

Trust, Brockway II Irrevocable Trust, Lynda Brockway, and Thomas Brockway, Sr.

MEMORANDUM OPINION1

In 2010, Robert K. Perry filed a suit for breach of contract and misrepresentation 

against his former employer, Target Medical, Inc.; its president, Tom Brockway, Sr.; and

the president’s son, Brent Brockway. While that suit was pending, Mr. Perry filed the 

present action alleging that Tom Brockway, Sr. and his wife, Lynda Brockway, had 

“fraudulently transferred Target Medical” and several parcels of real property to their sons 

and two trusts.

 

1 Under the rules of this Court, as a memorandum opinion, this opinion may not be published, 

“cited[,] or relied on for any reason in any unrelated case.” TENN. CT. APP. R. 10.

02/16/2022
2

The defendants, Thomas Brockway, Sr., Lynda Brockway, Brockway I Irrevocable 

Trust, and Brockway II Irrevocable Trust, filed an answer asserting that Mr. Perry’s claims 

were barred by the statute of limitations. The two trusts also filed a counterclaim alleging 

that Mr. Perry created an unlawful cloud on their title and seeking compensatory and 

punitive damages. 

Mr. Perry moved for summary judgment on his claims. The defendants moved to 

dismiss Mr. Perry’s claims under Tennessee Rule of Civil Procedure 12.02(6). On April 

15, 2021, the trial court entered two orders. The first denied Mr. Perry’s motion for 

summary judgment. The second granted the defendants’ motion to dismiss Mr. Perry’s 

claims. Neither order addressed the defendants’ counterclaim. Mr. Perry filed his notice 

of appeal on May 17, 2021.

A party is entitled to an appeal as of right only after the trial court has entered a final 

judgment. TENN. R. APP. P. 3(a). A final judgment is a judgment that resolves all the 

claims between all the parties, “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)). An order that adjudicates fewer than 

all the claims between all the parties is subject to revision at any time before the entry of a 

final judgment and is not appealable as of right. TENN. R. APP. P. 3(a); In re Estate of 

Henderson, 121 S.W.3d at 645.

Upon receipt of the record, this Court determined that the April 15, 2021 orders 

were not final because the trial court had not disposed of the trusts’ counterclaim. Thus, 

on October 5, 2021, we ordered the parties either to obtain a final order disposing of the 

remaining claim within ninety days or else to show cause why the appeal should not be 

dismissed. Although more than ninety days have passed, the parties have not responded to 

the show cause order, and the trial court clerk has notified this Court that no final judgment

has been entered.

The appeal is dismissed for lack of a final judgment. The dismissal is without 

prejudice to the filing of a new appeal once a final judgment has been entered. The case is 

remanded to the trial court for further proceedings consistent with this opinion. The costs 

are taxed to Robert K. Perry. 

PER CURIAM