Sonya Brooks v. Ron Woody, Et Al.

Sonya Brooks v. Ron Woody, Et Al.
E2018-00127-COA-R3-CV

In this wrongful dismissal case, Sonya Brooks (“Brooks”) sued her former employer Roane County and county officials Ron Woody and Gloria Wright (“Defendants”). In a March 9, 2017 order, the Circuit Court for Roane County (“the Trial Court”) dismissed Brooks’ lawsuit against Defendants with prejudice. The Trial Court reserved taxation of costs for a later date. Brooks filed a notice of appeal on January 10, 2018. Defendants argue that Brooks’ appeal was filed untimely. Brooks contends that the March 9, 2017 order was not final and appealable because it reserved the issue of costs. We hold that, in keeping with longstanding Tennessee case law, taxation of costs is incidental and not a factor in determining whether a judgment is final. As Brooks’ notice of appeal was not filed timely, we are constrained to dismiss her appeal for lack of jurisdiction.

Authoring Judge: 
Judge D. Michael Swiney, C.J.
Originating Judge: 
Judge Michael S. Pemberton
Date Filed: 
Thursday, November 8, 2018