IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

September 22, 2016 Session

MICHAEL ANGELO COLEMAN v. TENNESSEE BOARD OF PAROLE,

ET AL.

Direct Appeal from the Chancery Court for Davidson County

No. 15-936-III Ellen H. Lyle, Chancellor

No. M2016-00410-COA-R3-CV – Filed October 25, 2016

This appeal involves a multi-count petition filed in chancery court by a prisoner after he 

was denied parole. The prisoner‟s petition set forth five counts alleging various 

constitutional and civil rights violations in connection with the parole process, and he 

requested declaratory and injunctive relief related to these five counts. The sixth count in 

the petition sought review of the decision of the parole board pursuant to the common 

law writ of certiorari. The chancery court dismissed the five counts for declaratory and 

injunctive relief and certified its order of partial dismissal as final pursuant to Tennessee 

Rule of Civil Procedure 54.02, leaving only the certiorari action pending. We conclude 

that the trial court improvidently certified its order as final and dismiss the appeal. 

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

BRANDON O. GIBSON, J., delivered the opinion of the court, in which J. STEVEN 

STAFFORD, P.J., W.S., and W. NEAL MCBRAYER, J., joined.

Robert L. Delaney, Jodie A. Bell and Michael J. Passino, Nashville, Tennessee, for the 

appellant, Michael Angelo Coleman.

Herbert H. Slatery III, Attorney General and Reporter, Andrée Blumstein, Solicitor 

General, and Pamela S. Lorch, Senior Counsel, Nashville, Tennessee, for the appellees,

Tennessee Board of Parole, Richard Montgomery, Chairman; Tennessee Department of 

Correction, Derrick D. Schofield, Commissioner; Patsy Bruce, Ronnie Cole, Gary M. 

Faulcon, Tim Gobble, Gay Gregson, Barrett Rich, and David Liner.
2

OPINION

I. FACTS & PROCEDURAL HISTORY

Michael Angelo Coleman is serving a life sentence for murder. After a parole 

hearing in 2011, the Tennessee Board of Probation and Parole (“the Board”) denied 

parole for Coleman, citing the seriousness of his offense, a substantial risk that he would 

not conform to the conditions of his release, and his need for various prison programs if 

eligible. At Coleman‟s next parole hearing in October 2014, the hearing was continued 

pending a psychological evaluation of Coleman. The evaluation was completed, and 

Coleman was given another hearing in April 2015. The Board again denied parole based 

on the seriousness of his offense and the risk that he would not conform to the conditions 

of his release. 

After the Board denied Coleman‟s appeal of this decision, Coleman filed in 

chancery court a “Verified Petition for Common Law Writ of Certiorari and Complaint 

for Declaratory and Injunctive Relief.” He named as respondents the Board itself, eight 

individual members of the Board in their official capacities, and Derrick Schofield, the 

Commissioner of the Tennessee Department of Correction, in his official capacity. 

Coleman‟s petition set forth six counts: Count I alleged violations of the ex post facto 

clause and substantive due process; Count II alleged violations of procedural due process; 

Count III alleged violations of substantive due process; Count IV alleged equal protection 

violations; Count V alleged violations of 42 U.S.C § 1983; and Count VI sought review 

pursuant to the common law writ of certiorari on the basis that the denial of parole was 

arbitrary, capricious, and unconstitutional for the reasons stated in the first five counts. 

All six counts were based on alleged errors and omissions in connection with the various 

parole hearings, parole decisions, and/or prison programs recommended by the Board 

that were allegedly related to Coleman‟s parole eligibility. Coleman‟s petition sought 

declaratory and injunctive relief related to the first five counts. 

The Attorney General‟s office filed a “partial motion to dismiss” on behalf of the 

Board and TDOC Commissioner Schofield.1 They argued that original causes of action, 

such as claims for declaratory judgment or for violations of 42 U.S.C. § 1983, cannot be 

combined with appellate actions, such as a common law writ of certiorari seeking review 

of a parole decision. Accordingly, they sought dismissal of the counts seeking 

declaratory judgment. They also argued that TDOC Commissioner Schofield should be 

dismissed from the lawsuit because he is not a member of the Board and did not 

participate in the parole decision subject to review in the certiorari proceeding. 

 

1

The partial motion to dismiss noted that Coleman‟s petition also named as respondents the individual 

members of the Board in their official capacities, but according to the motion, the individual members had 

not been served as of the date of the motion. 
3

Coleman filed a response to the partial motion to dismiss, in which he argued that 

the caselaw cited by the Respondents regarding the joinder of civil actions with a 

common law writ of certiorari “does not apply to constitutional and civil rights claims 

which arise out of the same transaction or occurrence and seek supplemental relief from 

alleged wrongs.” Coleman suggested that he was required to join all claims arising out of 

the same transaction or occurrence in one action in accordance with the Tennessee Rules 

of Civil Procedure and out of concerns relating to res judicata and collateral estoppel. He 

argued that no good reason existed for denying him the right “to assert a claim for two 

consistent forms of relief under a single set of facts” because “the two remedies were not 

inconsistent.” In fact, he argued that joinder of the first five counts with the certiorari 

action was “absolutely necessary to avoid duplicative litigation [and] potentially 

inconsistent outcomes.” According to Coleman, the claims he alleged in the first five 

counts sought to remedy the same constitutional errors that resulted in arbitrary and

capricious decisions by the Board.2 He asserted that the joinder of his constitutional 

claims would not give rise to case management issues, as the trial court could adequately 

structure the proceedings to accommodate all the claims.

The Respondents filed a reply contending that the common law writ of certiorari 

would provide sufficient review for any claim Coleman had regarding his parole hearing, 

the parole decision, or the procedures utilized therein, including constitutional claims. 

On January 13, 2016, the trial court entered a memorandum and order granting the 

partial motion to dismiss. The court concluded that Coleman‟s “only cognizable claim 

under Tennessee law” was a petition for writ of certiorari. Specifically, the trial court 

concluded that the only procedure for a prisoner to obtain judicial review of a decision of 

the Board is through a petition for common law writ of certiorari. It also concluded that 

Coleman‟s appellate cause of action for certiorari review of the Board‟s decision could 

not be joined with original causes of action for declaratory judgment and/or violations of 

42 U.S.C. § 1983. The trial court concluded that the petition for writ of certiorari 

provided Coleman with a meaningful remedy, as it permitted review to determine 

whether the Board acted in violation of constitutional or statutory provisions, followed 

 

2Coleman acknowledged that there were “three exceptions to the statement that Counts I-V are not 

inconsistent with the inquiry authorized by the writ of certiorari.” First, Coleman noted that he sought a 

declaration that certain rules and procedures were unconstitutional as applied to him, which were issues 

not addressed by the Board. Second, he noted his allegation that the Board and the TDOC were partners 

and had joint obligations with regard to matters of parole, which they allegedly failed to meet in 

connection with Coleman‟s parole process. He claimed that the common law writ of certiorari did not 

contemplate or allow review of agency actions when two agencies worked together as partners to a 

common end. And finally, Coleman noted that his petition named individual respondents in their official 

capacities, rather than simply the Board, “so as to have all responsible actors before the Court” because he 

“[did] not know exactly what happened” in connection with his parole hearings. 
4

unlawful procedures, or acted in an arbitrary or capricious manner. However, the trial 

court noted that TDOC Commissioner Schofield did not participate in the Board‟s 

decision to grant or deny parole. Accordingly, the court held, “The declaratory judgment 

and 42 U.S.C. § 1983 claims must be dismissed as well as Commissioner Schofield must 

be dismissed from the case.” The trial court dismissed the first five counts of the 

complaint with prejudice and dismissed Commissioner Schofield as a party to the 

lawsuit.

 

The trial court certified its order of partial dismissal as final pursuant to Tennessee 

Rule of Civil Procedure 54.02 because the dismissal involved pure questions of law and 

novel application of the law to the facts of the case. Under these circumstances, the trial 

court found no just reason for delay in entering a final judgment on these claims so that 

they could be appealed while the underlying case proceeded on the certiorari claim. The 

trial court ordered the remaining Respondents to file the record with regard to the 

certiorari claim and comply with certain deadlines for discovery. Coleman timely filed a 

notice of appeal of the trial court‟s order of partial dismissal.3

II. ISSUES PRESENTED

Coleman presents the following issues for review on appeal: 

1. Whether the Chancellor erred in dismissing Counts I-V of the

Complaint under the general standard governing Rule 12.02(6)

motions or the more rigorous standard governing actions seeking a 

declaratory judgment;

2. Whether the statutory common-law writ of certiorari has any

application to an action in which separate governmental entities act

together as partners in a joint venture to deny Mr. Coleman‟s

statutory and constitutional rights; 

 

3On appeal, Coleman proceeds under the assumption that the trial court dismissed all of the individual 

respondents from the lawsuit, including the eight members of the Board. We do not interpret the trial 

court‟s order of dismissal in that manner, and neither did the Attorney General‟s office. The partial 

motion to dismiss was originally filed on behalf of the Board and TDOC Commissioner Schofield. The 

order of partial dismissal stated that “[t]he declaratory judgment and 42 U.S.C. § 1983 claims must be 

dismissed as well as Commissioner Schofield must be dismissed from the case.” If the trial court meant to 

dismiss all of the individual respondents named in their official capacities from the case, there would have 

been no need to specify the dismissal of Commissioner Schofield. Moreover, the same order of partial 

dismissal directs “the Respondents” to comply with discovery deadlines and state objections “in their 

responses to discovery,” indicating that the Board was not the only remaining Respondent, as Coleman 

suggests. 
5

3. Whether the standard of Goodwin v. Metro. Bd. of Health, 656

S.W.2d 383 (Tenn. Ct. App. 1983) applies here and whether it 

remains good law with respect to Counts I-V of Mr. Coleman‟s 

Complaint; 

4. Whether Mr. Coleman has properly stated a claim for declaratory

judgment against state officers and employees acting in their official 

capacities; 

5. Whether Mr. Coleman has properly stated claims for declaratory

judgment with respect to constitutional and statutory violations by 

the Board, its members, and its Executive Director and by TDOC 

and its officers and directors antecedent to, and concurrent with the 

Board‟s decision denying parole;

6. Whether Mr. Coleman has properly stated a violation under 42 

U.S.C § 1983 for violations of his constitutional and statutory rights 

as set out in Counts I-IV of the Complaint.

For the following reasons, we dismiss the appeal for lack of subject matter jurisdiction.

III. DISCUSSION

Although review on appeal generally extends only to those issues presented for 

review, appellate courts must also consider “whether the trial and appellate court have 

jurisdiction over the subject matter, whether or not presented for review.” Tenn. R. App. 

P. 13(b). “Lack of appellate jurisdiction cannot be waived.” Ingram v. Wasson, 379 

S.W.3d 227, 237 (Tenn. Ct. App. 2011). Pursuant to the mandates of Rule 13(b), we 

have reviewed the appellate record and come to the conclusion that this Court lacks 

subject matter jurisdiction over the appeal. 

We begin by examining the “„avenue‟ by which the appeal is being pursued before 

this Court.” Town of Collierville v. Norfolk S. Ry. Co., 1 S.W.3d 68, 69-70 (Tenn. Ct. 

App. 1998). “Unless an appeal from an interlocutory order is provided by the rules or by 

statute, appellate courts have jurisdiction over final judgments only.” Bayberry Assocs. v. 

Jones, 783 S.W.2d 553, 559 (Tenn. 1990). Rule 3 of the Tennessee Rules of Appellate 

Procedure provides:

Except as otherwise permitted in [R]ule 9 and in Rule 54.02 [of the] 
6

Tennessee Rules of Civil Procedure, if multiple parties or multiple claims 

for relief are involved in an action, any order that adjudicates fewer than all 

the claims or the rights and liabilities of fewer than all the parties is not 

enforceable or appealable and is subject to revision at any time before entry 

of a final judgment adjudicating all the claims, rights, and liabilities of all 

parties.

The procedures set forth in Rule 9 were not utilized in this case, so we turn to Rule 54.02. 

It provides, in part:

When more than one claim for relief is present in an action, . . . or 

when multiple parties are involved, the Court, whether at law or in equity, 

may direct the entry of a final judgment as to one or more but fewer than all 

of the claims or parties only upon an express determination that there is no 

just reason for delay and upon an express direction for the entry of 

judgment. 

Tenn. R. Civ. P. 54.02. 

Rule 54.02 “is an exception to Rule 3 that permits the trial court, without 

permission from the appellate court, to certify an order as final and appealable, even if 

parts of the overall litigation remain pending in the trial court.” Johnson v. Nunis, 383 

S.W.3d 122, 130 (Tenn. Ct. App. 2012). Rule 54.02 allows a “trial court to convert an 

interlocutory ruling into an appealable order.” Mann v. Alpha Tau Omega Fraternity, 

380 S.W.3d 42, 49 (Tenn. 2012). However, “the trial court‟s authority to direct the entry 

of a final judgment is not absolute.” Brentwood Chase Cmty. Ass’n v. Truong, No. 

M2014-01294-COA-R3-CV, 2014 WL 5502393, at *2 (Tenn. Ct. App. Oct. 30, 2014) 

(no perm. app. filed) (citing Crane v. Sullivan, No. 01A01-9207-CH-00287, 1993 WL 

15154, at *1-2 (Tenn. Ct. App. Jan. 27, 1993)). “Rule 54.02 does not apply to all orders 

that are interlocutory in nature.” Konvalinka v. Am. Int’l Grp., Inc., No. E2011-00896-

COA-R3-CV, 2012 WL 1080820, at *3 (Tenn. Ct. App. Mar. 30, 2012). An order can 

only be certified as final in limited circumstances. Johnson, 383 S.W.3d at 130. Because 

Rule 54.02 provides that a trial court may “direct the entry of a final judgment as to one 

or more but fewer than all of the claims or parties,” the order certified as final must be 

dispositive of an entire claim or party. Bayberry, 783 S.W.2d at 558.

“The determination of whether Rule 54.02 certification is proper is not always 

easy.” Ingram, 379 S.W.3d at 238. Two prerequisites exist for the certification of a final 
7

judgment: (1) the order must eliminate one or more but fewer than all of the claims or 

parties, and (2) the order must expressly direct the entry of final judgment upon an 

express finding of “no just reason for delay.” FSGBank, N.A. v. Anand, No. E2011-

00168-COA-R3-CV, 2012 WL 554449, at *4 (Tenn. Ct. App. Feb. 21, 2012) (quoting 

Carr v. Valinezhad, M2009-00634-COA-R3-CV, 2010 WL 1633467 at *2 (Tenn. Ct.

App. Apr. 22, 2010)). On appeal, we review a trial court‟s Rule 54.02 certification of a 

judgment as final using a dual standard of review. King v. Kelly, No. M2015-02376-

COA-R3-CV, 2016 WL 3632761, at *3 (Tenn. Ct. App. June 28, 2016); Brown v. John 

Roebuck & Assocs., Inc., No. M2008-02619-COA-R3-CV, 2009 WL 4878621, at *5 

(Tenn. Ct. App. Dec. 16, 2009). The initial determination of whether a particular order 

disposes of a distinct and separable “claim” that is subject to Rule 54.02 certification is a 

question of law reviewed de novo. Ingram, 379 S.W.3d at 238; Brown, 2009 WL 

4878621, at *5. If the order properly disposes of an entire claim or party, appellate courts 

then determine whether “there is no just reason for delay” within the meaning of Rule 

54.02. The trial court‟s determination as to this issue is reviewed under an abuse of 

discretion standard. King, 2016 WL 3632761, at *3; Ingram, 379 S.W.3d at 238.

We begin with the question of whether the trial court‟s order disposed of one or 

more of the claims or parties before it. If the trial court certifies a judgment as final, but 

it is not conclusive as to an entire claim or party, an appeal from it will be dismissed even 

though the trial court decided to treat the order as final. FSGBank, 2012 WL 554449, at 

*4. Without a final adjudication of at least one claim, Rule 54.02 is simply inapplicable. 

King, 2016 WL 3632761, at *4. For the purposes of Rule 54.02, a “claim” is defined as 

the “„aggregate of operative facts which give rise to a right enforceable in the courts.‟”

Carr, 2010 WL 1633467, at *3 (quoting Brown, 2009 WL 4878621, at *6); see McIntyre 

v. First Nat’l Bank of Cincinnati, 585 F.2d 190, 192 (6th Cir. 1978); see Original Ballet 

Russe, Ltd. v. Ballet Theatre, Inc., 133 F.2d 187, 189 (2nd Cir. 1943). 

An example is helpful. In Christus Gardens, Inc. v. Baker, Donelson, Bearman, 

Caldwell & Berkowitz, P.C., No. M2007-01104-COA-R3-CV, 2008 WL 3833613, at *1

(Tenn. Ct. App. Aug. 15, 2008), the plaintiff alleged three instances of legal malpractice. 

The trial court certified as final an order dismissing “two claims” for legal malpractice 

based on the statute of limitations, while one “claim” for legal malpractice remained 

pending. Id. at *3. The trial court reasoned that the plaintiff should not be required to try 

its case on the third claim without first determining whether its first two claims were 

correctly dismissed. Id. The defendant argued that the plaintiff‟s various theories of 

legal malpractice did not constitute more than one “claim” for relief for purposes of Rule 

54.02. Id. at *4. In response, the plaintiff argued that each of the three claims were 

separate and distinct theories of recovery that would support a judgment if proven. Id. 

Noting that Tennessee‟s version of Rule 54.02 is identical to Federal Rule of Civil 
8

Procedure 54(b), we considered as persuasive federal caselaw providing that “„a claim is 

a set of facts giving rise to one or more legal rights,‟” and Rule 54 “„cannot be used to 

appeal a part of a single claim or . . . to test a single legal theory of recovery.‟” Id. at *5 

(quoting Schwartz v. Eaton, 264 F.2d 195, 196 (2d Cir. 1959)). Accordingly, “„a 

complaint asserting only one legal right, even if seeking multiple remedies for the alleged 

violation of that right, states a single claim for relief.‟” Id. (quoting Liberty Mut. Ins. Co. 

v. Wetzel, 424 U.S. 737, 744 (1976)). Applying these principles, we concluded that the 

plaintiff‟s three “causes of action” in the complaint actually presented three different 

theories of legal malpractice, all arising from an aggregate set of operative facts and 

closely related series of occurrences. Id. at *5. Because these three causes of action were 

“alternative theories in pursuit of one recovery,” they did not state multiple claims for the 

purposes of Rule 54.02, and the trial court was without authority to certify as final its 

order resolving only two of the theories. Id. We held that the order was improvidently 

certified as final and remanded for further proceedings.4 Id. 

We turn now to the circumstances of the case before us. Again, certification of an 

order as final pursuant to Rule 54.02 is not appropriate unless the order “disposes of an 

entire claim or is dispositive with respect to a party.” Konvalinka, 2012 WL 1080820, at 

*3 (emphasis added). Here, Coleman argues that certification was justifiable under either 

option: disposal of a claim or disposal of a party. We disagree. Even though different 

theories of liability may have been asserted, the concept of a “claim” denotes the 

aggregate of operative facts that give rise to a right enforceable in the courts. Brown, 

2009 WL 4878621, at *6. The trial court‟s order of partial dismissal disposed of 

Coleman‟s five constitutional and civil rights “counts” requesting declaratory and 

injunctive relief. However, all six “counts” set forth in Coleman‟s petition involved a 

single aggregate of operative facts -- challenging the parole process -- and therefore 

constituted a single claim for purposes of Rule 54.02. Coleman‟s sixth count, his 

certiorari action, alleged that the Board‟s decision was unconstitutional for the same 

 

4

See also Brentwood Chase Cmty. Ass’n, 2014 WL 5502393, at *2 (holding that alleged violations of 

three different rules of a homeowners association constituted a single claim for purposes of Rule 54.02); 

Duffer v. Lawson, No. M2009-01057-COA-R3-CV, 2010 WL 3488620, at *6 (Tenn. Ct. App. Sept. 3, 

2010) (explaining that certification of an order was inappropriate where the case involved “a potpourri of 

legal theories” concerning a real property dispute and the order eliminated some of those legal theories 

but not the entire claim for purposes of Rule 54.02); Carr, 2010 WL 1633467, at *3 (concluding that 

eight counts including breach of fiduciary duty, undue influence, conversion, fraud, conspiracy, unjust 

enrichment, exploitation, declaratory relief, and constructive trust arose out of the same aggregate of 

operative facts); Brown, 2009 WL 4878621, at *7 (recognizing that nine causes of action asserted by the 

plaintiff arose out of the same aggregate set of operative facts, including fraud, professional negligence, 

breach of fiduciary duty, conversion, declaratory judgment, and the like); Tucker v. Capitol Records, Inc., 

No. M2000-01765-COA-R3-CV, 2001 WL 1013085, at *10 (Tenn. Ct. App. Sept. 6, 2001) (explaining 

that a single claim existed for purposes of appellate jurisdiction because a single aggregate of operative 

facts was involved, regardless of whether it established breach of contract, termination of contract, 

alternative tort liability, or no liability).
9

reasons set forth in the first five counts alleging constitutional and civil rights violations. 

As set out in the facts above, Coleman acknowledged before the trial court that his 

“constitutional and civil rights claims [] arise out of the same transaction or occurrence 

[as the certiorari action] and seek supplemental relief from alleged wrongs.” He 

specifically acknowledged that “The prayers for declaratory and injunctive relief in 

Counts I-V arise out of the same transactions, occurrences, rules, and procedures as those 

[he] seeks to address pursuant to the common law writ of certiorari.” He argued that no 

good reason existed for denying him the right “to assert a claim for two consistent forms 

of relief under a single set of facts” because “the two remedies were not inconsistent.” 

Although the first five counts were dismissed, the certiorari action remains pending. 

As Christus Gardens demonstrates, “trial courts may not certify as final a decision 

that adjudicates only some of the legal theories upon which a plaintiff bases his or her 

case.” Paul v. Watson, No. W2011-00687-COA-R3-CV, 2012 WL 344705, at *4 (Tenn. 

Ct. App. Feb. 2, 2012). “„[A] complaint asserting only one legal right, even if seeking 

multiple remedies for the alleged violation of that right, states a single claim for relief.‟” 

Christus Gardens, 2008 WL 3833613, at *5 (quoting Liberty Mut., 424 U.S. at 743). 

“[S]eparate causes of action or counts in a complaint that arise out of the same series of 

closely related factual occurrences constitute one claim for the purposes of Rule 54.02.” 

Carr, 2010 WL 1633467, at *3. Accordingly, we conclude that Coleman‟s request for 

relief pursuant to the common law writ of certiorari and his requests for declaratory and 

injunctive relief based on the same aggregate of operative facts constituted a single claim 

for purposes of Rule 54.02. The Board and eight individual members of the Board who 

were named as Respondents remain parties to the underlying certiorari action, and it 

would not be appropriate, under Rule 54.02, to permit an appeal of some of the theories 

asserted in Coleman‟s petition without disposing of all of them. See Christus Gardens, 

2008 WL 3833613, at *5.

We recognize that the trial court‟s order of partial dismissal did dismiss TDOC 

Commissioner Schofield and was therefore dispositive with respect to a party as it relates 

to him. Still, even though this dismissal of a party meets the first prerequisite for 

certification under Rule 54.02, we conclude that certification was inappropriate under the 

second step. If an order properly disposes of one or more parties, then we must 

determine whether there is no just reason for delay of appellate review utilizing the abuse 

of discretion standard of review. FSGBank, 2012 WL 554449, at *3. “A trial court 

abuses its discretion when it . . . applies an incorrect legal standard, or reaches a decision 

that is against logic or reasoning that causes an injustice to the party complaining.” 

Mercer v. Vanderbilt Univ., Inc., 134 S.W.3d 121, 131 (Tenn. 2004) (citation omitted). 

Although we review a trial court‟s decision regarding certification using an abuse of 

discretion standard, “our Supreme Court has stated that it does not encourage the practice 

of „certifying interlocutory judgments as final under Rule 54.02, thereby requiring a 
10

litigant to file an appeal while the remainder of the litigation is ongoing.‟” Tuturea v. 

Tenn. Farmers Mut. Ins. Co., W2006-02100-COA-R3-CV, 2007 WL 2011049 (Tenn. Ct. 

App. July 12, 2007) (quoting Harris v. Chern, 33 S.W.3d 741, 745 n.3 (Tenn. 2000)). 

“Piecemeal appellate review is not favored.” Harris, 33 S.W.3d at 745 n.3. According to 

our supreme court, “[o]rders certifying interlocutory judgments as final „should not be 

entered routinely‟ and „cannot be routinely entered as a courtesy to counsel.‟” Id.

(quoting Huntington Nat’l Bank v. Hooker, 840 S.W.2d 916, 921 (Tenn. Ct. App. 1991)). 

“This Court has adopted from the federal jurisprudence a list of factors that a trial 

court should consider in deciding whether or not to certify an interlocutory judgment as 

final under Rule 54.02[.]” Rich v. City of Chattanooga, No. E2013-00190-COA-R3-CV, 

2014 WL 1513349, at *12 (Tenn. Ct. App. Apr. 17, 2014) (no perm. app. filed). The 

factors that must be weighed in determining whether certification is proper include: 

(1) the relationship between the adjudicated and unadjudicated claims; (2) 

the possibility that the need for review might or might not be mooted by 

future developments in the district court; (3) the possibility that the 

reviewing court might be obliged to consider the same issue a second time; 

(4) the presence or absence of a claim or counterclaim which could result in 

set-off against the judgment sought to be made final; (5) miscellaneous 

factors such as delay, economic and solvency considerations, shortening the 

time of trial, frivolity of competing claims, expense, and the like.

Id. (quoting FSGBank, 2012 WL 554449, at *5).5 Depending on the facts of the 

particular case, all or some of these factors may bear on the propriety of the trial court‟s 

discretion in certifying a judgment as final. Id. Our deference to the trial court‟s 

determination “rests on the assumption that, in reaching the certification decision, the 

trial court has weighed the factors listed above.” Id. The trial court‟s decision as to 

whether there is just reason to delay appellate review is subject to reversal if the court 

fails to weigh and examine the competing factors involved in the certification decision. 

Brown, 2009 WL 4878621, at *7.

Here, the trial court certified its order of partial dismissal as final sua sponte and 

made no reference to the aforementioned factors. The only justification given by the trial 

judge was the fact that the issues involved in the partial dismissal order were issues of 

law and involved novel application of the law to the facts. After reviewing the relevant 

factors and their application to this case, we conclude that certification of the partial 

dismissal order pursuant to Rule 54.02 was inappropriate.6 Under the first factor, we 

 

5

These factors were set forth in Allis-Chalmers Corp. v. Philadelphia Elec. Co., 521 F.2d 360, 364 (3d 

Cir. 1975).

6

“Where an interlocutory order is not appropriate for Rule 54.02 certification but the trial court desires 
11

must analyze the relationship between the adjudicated and unadjudicated claims. The

trial court is “obligated to consider whether the factual issues at the heart of the claims 

[are] distinct” in order to permit Rule 54.02 certification. FSGBank, 2012 WL 554449, at 

*6 (quotation omitted). We must also consider “the extent to which the inquiry into 

applicable law for each claim would involve duplication of effort if done separately.” Id. 

The various “counts” Coleman alleged against the single dismissed party, TDOC 

Commissioner Schofield, are the same “counts” he alleged against the eight other 

individually named Board members who were not dismissed from the lawsuit. The 

“counts” alleged against TDOC Commissioner Schofield and the other individuals all 

arise out of the facts surrounding the parole process and require application of the same 

laws, evidencing a significant factual and legal connection that weighs against severance 

of the counts against the TDOC Commissioner. The need to avoid piecemeal appellate 

review is even more apparent when considering Coleman‟s allegation that the Board and 

the TDOC acted jointly as partners in a joint venture and committed “concurrent wrongs” 

for purposes of his constitutional claims. Our need to review the issues currently raised 

on appeal could be impacted by future developments in the trial court proceedings. On 

the other hand, if the appeal involving Commissioner Schofield and the remaining case 

involving the other Respondents proceed separately, we could be required to examine the 

same issues in the context of the same parole process twice. The remaining 

miscellaneous factors do not lead us to conclude that certification is appropriate to enable 

a separate appeal of the dismissal of the TDOC Commissioner at this time.7 There is 

ample reason to delay appellate review of the order of partial dismissal.

“This Court may conclude that Rule 54.02 certification was improvidently granted 

where „the issue which the trial court declared final and appealable is inextricably linked 

with the remaining issues not yet decided.‟” Ingram, 379 S.W.3d at 238 (quoting Crane, 

1993 WL 15154, at *2); see, e.g., Johnson v. Tanner-Peck, L.L.C., No. W2009-02454-

COA-R3-CV, 2011 WL 1330777, at *6 n.8 (Tenn. Ct. App. Apr. 8, 2011) (explaining 

that an order was not appropriate for certification as final under Rule 54.02 where the 

same legal right addressed in the order and the same aggregate of facts were also asserted 

against party defendants who were not included in the order certified as final). We 

conclude that the trial court‟s order of partial dismissal was improvidently certified as 

 

immediate appellate review of the order, the trial court may grant permission for interlocutory appeal of 

the order pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure.” Konvalinka, 2012 WL 

1080820, at *3 n.7. Permission for the interlocutory appeal must also be granted by the appellate court.

7Coleman asked this Court to review the issues he raised despite this Court‟s concerns about compliance 

with Rule 54.02. However, “[t]his Court will suspend the finality requirements of Rule 3 of the 

Tennessee Rules of Appellate Procedure only in the most extenuating circumstances, where justice so 

demands.” Williams v. Tenn. Farmers Life Reassurance Co., No. M2010-01689-COA-R3-CV, 2011 WL 

1842893, at *6 (Tenn. Ct. App. May 12, 2011). We will not do so “as a mere convenience or to work an 

end-run around Rule 54.02 of the Tennessee Rules of Civil Procedure, or Rules 9 and 10 of the Tennessee 

Rules of Appellate Procedure.” Id. We decline to suspend the rules in this case.
12

final and therefore dismiss the appeal for lack of subject matter jurisdiction.8 See 

FSGBank, 2012 WL 554449, at *4 (“If the Trial Court has improperly certified the 

[order] as final the appeal must be dismissed for lack of subject matter jurisdiction.”).

IV. CONCLUSION

For the aforementioned reasons, the appeal is dismissed and this matter is 

remanded for further proceedings. Costs of this appeal are taxed to the appellant, 

Michael Angelo Coleman, and his surety, for which execution may issue if necessary.

_________________________________ 

BRANDON O. GIBSON, JUDGE

 

8We also note that the trial court‟s order of partial dismissal failed to comply with Tennessee Rule of 

Civil Procedure 58. It was signed by the trial judge but contained no certificate of service or signature of 

any attorney. Only a “cc” was listed with the names of the parties‟ attorneys. Rule 58 governs the 

effectiveness of the entry of final judgments and provides in pertinent part as follows:

Entry of a judgment or an order of final disposition is effective when a judgment 

containing one of the following is marked on the face by the clerk as filed for entry:

(1) the signatures of the judge and all parties or counsel, or

(2) the signatures of the judge and one party or counsel with a certificate of counsel that a 

copy of the proposed order has been served on all other parties or counsel, or

(3) the signature of the judge and a certificate of the clerk that a copy has been served on 

all other parties or counsel.

“The failure to adhere to the requirements set forth in Rule 58 prevents a court‟s order or judgment from 

becoming effective.” Blackburn v. Blackburn, 270 S.W.3d 42, 49 (Tenn. 2008). If the order appealed is 

not an effective final judgment, this Court does not have subject matter jurisdiction to adjudicate the 

appeal. Steppach v. Thomas, No. W2008-02549-COA-R3-CV, 2009 WL 3832724, at *4 (Tenn. Ct. App. 

Nov. 17, 2009). Inclusion of Rule 54.02 language “will not negate failure to comply with [Rule] 58 

concerning the effectiveness of the final order.” Id. The failure to comply with Rule 58 provides an 

alternative basis for our conclusion that this Court lacked subject matter jurisdiction to review the appeal.