IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs September 15, 2010 Session

RONNIE HERMAN, ET AL. v. JERRY HUTCHINS, JR., ET AL.

Appeal from the Circuit Court for Dekalb County

No. 8827 Amy V. Hollars, Judge

No. M2010-01791-COA-R3-CV - Filed September 20, 2010

The defendants have appealed from a judgment declaring the plaintiffs to be the

owners of certain real property and awarding the plaintiffs a judgment for the negligent

cutting of timber. Because the defendants did not file their notice of appeal within the time

permitted by Tenn. R. App. P. 4, we dismiss the appeal.

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

PATRICIA J. COTTRELL, P.J., M.S., delivered the opinion of the Court, in which ANDY D.

BENNETT and RICHARD H. DINKINS, JJ., joined.

Adam Wilding Parrish, Lebanon, Tennessee, for the appellants,Jerry Hutchins,Jr. and Laura

Hutchins.

Sue N. Puckett-Jernigan, Smithville, Tennessee, for the appellees, Ronnie Herman, Marsha

Herman, and Ben Herman.

MEMORANDUM OPINION

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This appeal concerns a dispute over the ownership of a tract of real property in Dekalb

County. Following a bench trial, the trial court entered a final order on October 29, 2009,

declaring the plaintiffs to be the owners of the disputed property and awarding them $10,000

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

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be designated “MEMORANDUM OPINION,” shall not be published, and shall not be cited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.
for the negligent removal of timber, plus $2500 for clean up costs. The defendants, Jerry

Hutchins, Jr. and Laura Hutchins, subsequently filed a motion to alter or amend the

judgment. The trial court denied the motion to alter or amend on May 13, 2010. Mr. and

Mrs. Hutchins filed their notice of appeal on July 19, 2010.

Tenn. R. App. P. 4(a) requires that a notice of appeal be filed with and received by the

trial court clerk within thirty (30) days after entry of the order appealed. If one of the postjudgment motions listed in Tenn. R. App. P. 4(b) and Tenn. R. Civ. P. 59.01 is timely filed,

the time for filing the notice of appeal will run from the date of the order granting or denying

the motion. If the last day for filing a notice of appeal falls on a Saturday, Sunday or legal

holiday, the time for filing the notice of appeal runs until the end of the next day that is not

a Saturday, Sunday or legal holiday. Tenn. R. App. P. 21(a).

Pursuant to Tenn. R. App. P. 4 and 21, Mr. and Mrs. Hutchins were required to file

their notice of appeal with the trial court clerk on or before June 14, 2010. However, Mr.

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and Mrs. Hutchins did not file their notice of appeal untilJuly 19, 2010,sixty-seven (67) days

after entry of the order denying their motion to alter or amend. On August 30, 2010, this

court ordered Mr. and Mrs. Hutchins to show cause within ten days why their appeal should

not be dismissed for failure to file a timely notice of appeal. Mr. and Mrs. Hutchins have

failed to respond.

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

Albert v. Frye, 145 S.W.3d 526, 528 (Tenn.2004); Binkley v. Medling, 117 S.W.3d 252, 255

(Tenn. 2003). This court can neither waive nor extend the time period. Tenn. R. App. P.

2 and 21(b); Flautt & Mann v. Council of City of Memphis, 285 S.W.3d 856, 869 (Tenn. Ct.

App. 2008); Jefferson v. Pneumo Serv. Corp. 699 S.W.2d 181, 184 (Tenn. Ct. App. 1985).

The failure to file a timely notice of appeal deprives this court of jurisdiction to hear the

matter. Flautt & Mann v. Council of City of Memphis, 285 S.W.3d at 869.

The appeal is hereby dismissed for failure to file a timely notice of appeal. The costs

are taxed to Jerry Hutchins, Jr. and Laura Hutchins and to their surety for which execution,

if necessary, may issue.

PER CURIAM

Thirty days from May 13, 2010, would be June 12, 2010. Because June 12, 2010 was a Saturday, 2

the notice of appeal would be due on Monday, June 14, 2010. Tenn. R. App. P. 21(a).

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