We have reviewed the record to determine whether Mr. Penn’s petition for writ of certiorari satisfied the requirements identified in Cawood as necessary to confer subject matter jurisdiction upon the trial court. Because Mr. Penn’s petition failed to conform to Tennessee Code Annotated section 27-8-106, in that it was neither “sworn to” nor included language assuring that “it is the first application for the writ,” the trial court lacked jurisdiction to hear and decide his petition.
For these reasons, the Board’s motion to dismiss Mr. Penn’s appeal is hereby granted, and the trial court’s December 1, 2009 order is vacated. This Court’s March 31, 2011 order allowing supplemental briefing is also vacated. Because the sanction imposed by the Hearing Panel exceeds a three-month suspension and because no appeal was properly perfected, the Board is directed to file a copy of the Hearing Panel’s order for review by this Court in accordance with Tennessee Supreme Court Rule 9, section 8.4.