Albert Thompson v. Johnny W. Sanders, Melinda Thompson, Gayle Sanders, and Ez Cash I, II, III, IV, and V, L.L.C.

The issue in this case is whether we have subject matter jurisdiction over this appeal. The plaintiff sued the defendants for, among other things, breach of contract, fraud, and intentional infliction of emotional distress. On July 15, 2002, the trial court entered an order granting summary judgment in favor of the defendants. Thirty-two (32) days later, on August 16, 2002, the plaintiff filed a motion to alter or amend the judgment. The trial court denied the motion to alter or amend, and the plaintiff now appeals. This Court, sua sponte, asked the parties for supplemental briefs regarding whether the appeal was timely. In light of the undisputed facts, we must hold that the plaintiff’s motion to alter or amend was untimely and, consequently, that the plaintiff’s notice of appeal was untimely. Therefore, we must dismiss this appeal for lack of subject matter jurisdiction. Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed for Lack of Jurisdiction