Laila Rumsey v. Regions Morgan Keegan Trust et al.

This case originates in a dispute over the administration of two trusts created for Joseph Peter Meersman, Jr. (“Meersman”). Meersman has filed multiple lawsuits against former trustees Michael Castellarin (“Castellarin”) and Regions Bank (“Regions”) (“Defendants,” collectively) alleging that they mismanaged the trusts. The trusts were terminated by court order in 2015. Laila Rumsey (“Rumsey”), Meersman’s partner, sued Defendants in the Chancery Court for Davidson County (“the Trial Court”) alleging that she too was damaged by Defendants’ actions. Defendants filed motions to dismiss, which the Trial Court granted based on the statute of limitations. Rumsey filed a motion to alter or amend within thirty days of entry of judgment but, contrary to Tennessee Rule of Civil Procedure 59.04, did not serve Defendants within thirty days. The Trial Court denied Rumsey’s motion as untimely. Rumsey appeals. Rule 59.04 requires such a motion be both “filed and served” within thirty days of entry of judgment. Rumsey failed to serve Defendants timely. Therefore, Rumsey’s motion to alter or amend was untimely and did not toll the time in which to file a notice of appeal. We dismiss for lack of jurisdiction.