Lisa M. Aazad v. Johney B. Aazad

02/09/2021 IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

February 8, 2021 LISA M. AAZAD v. JOHNEY B. AAZAD Appeal from the Circuit Court for Knox County No. 149026 Gregory S. McMillan, Judge ___________________________________ No. E2020-01020-COA-R3-CV ___________________________________

The Notice of Appeal filed by the appellant, Lisa M. Aazad, stated that appellant was appealing the judgment entered on July 30, 2020. As the July 30, 2020 order does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

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

JOHN W. MCCLARTY, J.; D. MICHAEL SWINEY, C.J.; AND KRISTI M. DAVIS, J.

Lisa M. Aazad, Maryville, Tennessee, pro se appellant.

Johney B. Aazad, Knoxville, Tennessee, pro se appellee.

MEMORANDUM OPINION1

Pursuant to the requirements of Rule 13(b) of the Tennessee Rules of Appellate Procedure, the Court directed the appellant to show cause why this appeal should not be dismissed for lack of subject matter jurisdiction after it became clear that there was no final judgment from which an appeal as of right would lie. “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)). This Court does not have subject matter jurisdiction to adjudicate an appeal as of right 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.”). The appellant failed to respond to our show cause order.

Specifically, the notice of appeal filed on August 4, 2020, states that the appellant, Lisa M. Aazad, is appealing the judgment entered on July 30, 2020. The July 30, 2020 order, however, does not appear to be a final appealable judgment as it reserved for trial a “show cause.”

“Except where otherwise provided, this Court only has subject matter jurisdiction over final orders.” Foster-Henderson v. Memphis Health Center, Inc., 479 S.W.3d 214, 222 (Tenn. Ct. App. 2015). As the July 30, 2020 order does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. The appeal is hereby dismissed. Costs on appeal are taxed to the appellant, Lisa M. Aazad, for which execution may issue.

PER CURIAM