Cynthia Rhea Helton v. Gregory Herbert Helton

IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

November 1, 2011 Session CYNTHIA RHEA HELTON V. GREGORY HERBERT HELTON

Appeal from the Chancery Court for Anderson County No. 10CH1508 William E. Lantrip, Chancellor

No. E2011-01237-COA-R3-CV-FILED-NOVEMBER 1, 2011

This is a divorce case. Gregory Herbert Helton appeals from the “final” judgment of divorce entered April 29, 2011. That judgment is not a final judgment. Accordingly, the appellant’s appeal is hereby dismissed.

Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed C HARLES D. S USANO, JR., D. M ICHAEL S WINEY, AND J OHN W. M CC LARTY, JJ.

Gregory Herbert Helton, Knoxville, Tennessee, appellant, pro se.

Patty Jane Lay, Knoxville, Tennessee, for the appellee, Cynthia Rhea Helton.

MEMORANDUM OPINION 1

The trial court’s judgment of April 29, 2011, decrees, among other things, that the marital residence is to be disposed of “through auction/sale.” The judgment further decrees that “[t]he Court reserves the division of any profits or deficiencies associated with the sale.” Therefore the judgment is not a final judgment. “A final judgment is one that resolves all the issues in the case, ‘leaving nothing else for the trial court to do.’ ” In re Estate of Henderson, 121 S.W.3d 643, 645 (Tenn. 2003) (quoting State ex rel. McAllister v. Goode, 968 S.W.2d 834, 840 (Tenn. Ct. App. 1997)). Tenn. R. App. P. 3(a) provides, in relevant part, that “any order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not enforceable or appealable. . . .” “Such an order is interlocutory or interim in nature and generally cannot be appealed as of right.” In re Estate of Henderson, 121 S.W.3d at 645. This court does not have subject matter jurisdiction to adjudicate an appeal if there is no final judgment. See Bayberry Assocs. v. Jones, 783 S.W.2d 553, 559 (Tenn. 1990) (“Unless an appeal from an interlocutory order is provided by the rules or by statute, appellate courts have jurisdiction over final judgments only.”).

As this appeal was taken from a judgment that was not final, we lack subject matter jurisdiction. Accordingly, we must dismiss the appeal.

The appeal of this matter is dismissed and this case is remanded to the trial court. Costs on appeal are taxed to the appellant, Gregory Herbert Helton.

PER CURIAM