John Wesley Green v. Champs-Elysees, Inc., et al.

Case Number
M2013-00951-COA-R3-CV

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.

Authoring Judge
Judge Andy D. Bennett
Originating Judge
Chancellor Philip E. Smith
Case Name
John Wesley Green v. Champs-Elysees, Inc., et al.
Date Filed
Dissent or Concur
No
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