Dennis Down D/B/A Knoxville Lifestyle v. Steve Hall D/B/A Greater Tennessee Flooring

Case Number
E2016-00647-COA-R3-CV

After the trial court entered a final judgment awarding plaintiff damages and attorney’s fees, defendant filed a timely motion requesting additional findings of fact and conclusions of law. The trial court then entered a second judgment incorporating the requested findings of fact and conclusions of law. After entry of the second judgment, plaintiff filed a motion for an award of additional attorney’s fees, which the trial court treated as a motion to alter or amend. The plaintiff later withdrew his motion for additional attorney’s fees, and the trial court entered an order authorizing the withdrawal. Later, in response to a motion to quash a garnishment, the trial court entered a third judgment, which granted the motion but otherwise incorporated by reference the court’s previous rulings. Defendant filed a notice of appeal within thirty days after entry of the third judgment but more than thirty days after the order granting plaintiff leave to withdraw his motion for additional attorney’s fees. Because we conclude the notice of appeal was untimely, we dismiss the appeal.

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Michael W. Moyers
Case Name
Dennis Down D/B/A Knoxville Lifestyle v. Steve Hall D/B/A Greater Tennessee Flooring
Date Filed
Dissent or Concur
No
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