This appeal arises from a post-judgment discovery dispute. While the plaintiff’s prior appeal from the trial court’s judgment was pending in this court, the plaintiff made a discovery request in the trial court seeking to obtain alleged ex parte communications pertaining to the plaintiff’s attorney, the plaintiff, or the case. The trial court conducted a hearing and entered an order denying the discovery request; this appeal followed. We have determined that the trial court lacked subject matter jurisdiction to rule on the plaintiff’s discovery requests; therefore, the order at issue in this appeal is void. Further, this court’s ruling in the prior appeal, which resolved all issues in the underlying case, is now a final judgment. The underlying case is concluded and, thus, no further proceedings are available other than the assessment and collection of costs.
Case Number
M2013-00951-COA-R3-CV
Originating Judge
Chancellor Philip E. Smith
Case Name
John Wesley Green v. Champs-Elysees, Inc., et al.
Date Filed
Dissent or Concur
No
Download PDF Version
greenj.wesley00951opn.pdf82.33 KB