Ennix Hariston, et al. v. Lillian B. Newsom

This appeal stems from a negligence action resulting from an automobile accident. A husband and wife filed suit against the defendant alleging personal injury and property damage resulting from the defendant’s alleged negligence that caused the automobile accident involving the wife and the defendant. In addition to the wife’s claims, the husband brought claims against the defendant for loss of consortium and loss of services. Additionally, the wife’s uninsured motorist insurance carrier was served but unnamed. Both Newsom and the uninsured motorist insurance carrier filed Motions to Exclude All Medical Proof of Plaintiff and Motion for Summary Judgment. The circuit court granted the defendant’s and the unnamed but served uninsured motorist insurance carrier’s Motions to Exclude All Medical Proof of Plaintiff and Motion for Summary Judgment. The order adjudicated the wife’s personal injury claims only. On appeal, the plaintiffs assert that the circuit court erred when it granted the defendant’s and the unnamed but served uninsured motorist insurance carrier’s Motions to Exclude All Medical Proof of Plaintiff and Motion for Summary Judgment. However, because we find that the circuit court failed to execute a final order disposing of all of the plaintiffs’ causes of action, we dismiss the appeal for lack of subject matter jurisdiction pursuant to rule 3(a) of the Tennessee Rules of Appellate Procedure.