Branch Banking & Trust Company v. Townsend, LLC and E. William Henry

IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

BRANCH BANKING & TRUST COMPANY, v. TOWNSEND, LLC and E.

WILLIAM HENRY

Chancery Court for Blount County No. 10-009 Hon. David R. Duggan, Judge (Sitting by Interchange)

No. E2011-02447-COA-R3-CV-FILED-MAY 14, 2012

Tenn. R. App. P.3 Appeal as of Right; Appeal Dismissed.

H ERSCHEL P ICKENS F RANKS, P.J., C HARLES D. S USANO, J R., J., and D. M ICHAEL S WINEY, J.

Mark T. Freeman, Nashville, Tennessee, for appellants, Townsend, LLC., and E. William Henry,

Gregory Carlton Logue, Knoxville, Tennessee, for appellee, Branch Banking & Trust Company,

MEMORANDUM OPINION 1

This Court issued a Show Cause Order on April 19, 2012 directing appellants to show cause why the appeal should not be dismissed for lack of jurisdiction. The appellants have responded to this Order, but the explanation given in response which relied on a FAX notice of appeal, does not cure the failure to file a proper notice of appeal. The notice of appeal "shall not be filed in the Trial Court by Facsimile transmission". Tenn. R. Civ. P. Rule 5A.02(4)(e).

Accordingly, this Court is without jurisdiction to entertain the appeal, and the appeal is dismissed. The cost of the appeal is assessed to Townsend, LLC., and E. William Henry.

PER CURIAM