The City of Jackson, Tennessee v. David Hersh and PSET, L.P.

This appeal addresses whether a judgment is final and appealable. The plaintiff municipality sued the defendant owner of the city’s minor league baseball team for breach of contract. The city also sought prejudgment interest and attorney’s fees. A consent order was entered allowing the defendants to complete a planned sale of the team to a third party; the third party was to forward the sales proceeds to the court clerk to be held in escrow. The defendants then filed a counterclaim against the city, sounding in both contract and tort, as well as third-party claims against the mayor and a city employee. The contract issues were tried, and the trial court held that the city was entitled to damages and dismissed the defendants’ contract counterclaim against the city. The trial court did not address the city’s request for prejudgment interest and attorney’s fees. The defendants nonsuited their remaining claims and an order was entered dismissing the claims on June 11, 2007. The city filed a motion to assess attorney’s fees and prejudgement interest, and the defendants filed a motion to release the funds held in escrow. On September 15, 2008, the trial court denied the city’s motion for prejudgment interest and attorney’s fees, finding that the June 11, 2007 order was a final judgment because the request for prejudgment interest and attorney’s fees was not a claim but was instead an amount of the city’s recovery of damages. The trial court found that it did not have jurisdiction to consider the city’s request for prejudgment interest or attorney’s fees because the city failed to file a timely motion to alter or amend the judgment. The issue of the funds held in escrow was not addressed by the trial court. The city now appeals the September 15, 2008 order, arguing that the June 11, 2007 order was not final. We find that the trial court erred in holding that the June 11, 2007 order was a final judgment, and conclude that this Court does not have jurisdiction to hear this appeal. Therefore, we dismiss the appeal and remand the case to the trial court.