Susan Hutcheson v. Kristi Barth, Individually and in her Capacity as Administrator of the Estate of Raymond Wesley Barth

The threshold issue presented in this appeal is whether the Plaintiff timely filed her notice of appeal so as to give this Court jurisdiction to hear this case. The trial court entered its order granting the Defendant's motion for summary judgment on January 15, 2004. This order adjudicated all the
claims of the parties. On February 25, 2004, the Defendant filed a motion for contempt alleging nonperformance of the order by the Plaintiff. On March 19, 2004, an agreed order awarding the Defendant pre-judgment interest was entered. The Defendant had not sought pre-judgment interest
in her counter-complaint or in any subsequent pleadings. The Plaintiff filed a notice of appeal on April 19, 2004. We find that the notice of appeal was not filed within thirty days of entry of the judgment appealed from pursuant to Rule 4 of the Tennessee Rules of Appellate Procedure.  Therefore, we dismiss this appeal because this court does not have jurisdiction to hear the issues in this appeal.