Brewers Rentals v. Otto Karl Appelt

This appeal arises from a detainer action. Brewers Rentals (“Brewers”) obtained a detainer warrant against tenant Otto Karl Appelt (“Appelt”) in the General Sessions Court for Bradley County (“the General Sessions Court”). Appelt thereafter appealed to the Circuit Court for Bradley County (“the Trial Court”). Appelt paid a $500 appeal bond. However, Appelt did not post bond equal to one year’s rent as required by statute in order to retain possession during the appeal. Brewers filed a motion to dismiss and/or for possession in the Trial Court, which was granted. The Trial Court held that, as Appelt had neither surrendered possession nor posted the requisite bond, dismissal was required. Appelt appeals. We hold that Appelt’s failure to post bond equal to one year’s rent enables Brewers to regain possession immediately but does not deprive the Trial Court of subject matter jurisdiction to adjudicate Appelt’s appeal. We vacate the judgment of the Trial Court and remand for this case to proceed.