Belgravia Square, LLC v. Melvin White, et al.

Belgravia Square, LLC v. Melvin White, et al.
W2018-02196-COA-R3-CV

Appellant appeals the trial court’s dismissal of his appeal from general sessions court in this unlawful detainer action. The general sessions court granted immediate possession of the disputed property to Appellee, and Appellant appealed to the circuit court. Although Appellant remained in possession of the property, he did not post the required possessory bond. Tenn. Code Ann.
§ 29-18-130(b)(2). The trial court dismissed the appeal finding that, in the absence of the required bond, it had no subject matter jurisdiction to hear the case. Because the statutory possessory bond is not jurisdictional, we conclude that the trial court erred in dismissing Appellant’s appeal.

Authoring Judge: 
Judge Kenny Armstrong
Originating Judge: 
Judge James F. Russell
Date Filed: 
Thursday, November 7, 2019