Vanessa Berlanga, Et Al. v. Tennessee Department of Safety and Homeland Security

Case Number
M2017-00745-COA-R3-CV

Claimants to cash seized by the Rutherford County Sheriff’s Office moved to dismiss the related administrative forfeiture proceeding. They also requested an award of attorney’s fees. An administrative law judge granted the motion to dismiss but did not address the request for attorney’s fees. Claimants later filed a separate motion for attorney’s fees, which the ALJ denied. Claimants then filed a petition for judicial review. Claimants filed their petition within sixty days of the denial of the motion for attorney’s fees but over sixty days from the day the order granting the motion to dismiss became final. The chancery court reversed, awarding claimants part of the attorney’s fees requested. Because it lacked subject matter jurisdiction over the petition, we vacate the decision of the chancery court.

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Chancellor Russell T. Perkins
Case Name
Vanessa Berlanga, Et Al. v. Tennessee Department of Safety and Homeland Security
Date Filed
Dissent or Concur
No
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