Joy Francine Mitchell Byrd v. Samuel Byrd, Jr.

Knoxville, Tennessee family law lawyer represented the Defendant in a divorce action.



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APPELLATE PROCEDURE. FINAL JUDGMENT REQUIREMENT. The case addresses whether the appellant could pursue an appeal in the absence of a final judgment from the trial court, which is a prerequisite for an appeal as of right according to court rules.



APPELLATE PROCEDURE. JURISDICTION. The court evaluated its subject matter jurisdiction over the appeal, concluding that it lacked jurisdiction due to the pending unresolved claims and the absence of a final appealable judgment under Tennessee Rules of Appellate Procedure.



CONTEMPT PROCEEDINGS. PENDING ACTIONS. The matter involved unresolved contempt petitions and a counterclaim that prevented the trial court's order from being final, thus impacting the appealability of the case.

Key Phrases Final appealable judgment. Subject matter jurisdiction. Appellate record. Criminal contempt action. Overpayment of child support.

The court order from which Appellant seeks to appeal does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider this appeal. The appeal is hereby dismissed. Costs on appeal are taxed to the appellant, Joy Francine Mitchell Byrd, for which execution may issue.