In re Estate of James Kemmler Rogers

Case Number
M2015-01439-COA-R3-CV

Appellant, as a purported creditor of Decedent, appeals the trial court’s denial of her petition to open primary or ancillary probate of Decedent’s estate in Tennessee. Appellees, the Decedent’s surviving children, argued, inter alia, that Appellant lacked standing to pursue probate in Tennessee. The trial court did not address the standing issue before denying probate. We conclude that, in the absence of a ruling on standing, the trial court’s order is not final and appealable under Tennessee Rule of Civil Procedure 3(a). As such, this Court does not have subject-matter jurisdiction to hear the appeal. Appeal dismissed.

Authoring Judge
Judge Kenny Armstrong
Originating Judge
Judge Stella Hargrove
Case Name
In re Estate of James Kemmler Rogers
Date Filed
Dissent or Concur
No
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