Background
The Rhea County Circuit Court entered a final judgment on March 23, 2026, certified as final under Tennessee Rule of Civil Procedure 54.02 with no just reason for delay. The case was brought by Sherry Keltch, individually and as next of kin for Charles L. Keltch, deceased, against Candice Marie Williams and Ray M. Hazel, among others.
On April 23, 2026 — thirty-one days after entry of the final order — Appellant electronically filed a notice of appeal. Appellee Hazel M. Ray moved to dismiss on May 6, 2026, arguing the notice was untimely. Appellant filed no response to the motion to dismiss.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction. Under Tennessee Rule of Appellate Procedure 4(a), a notice of appeal in a civil case must be filed within 30 days of entry of the judgment appealed from. The court noted that this 30-day deadline is mandatory and jurisdictional, citing Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004).
Because the notice was filed one day late, the court held it had no authority to waive the defect or reach the merits. The appellee’s motion to dismiss was granted, and costs on appeal were taxed to Appellant.
Key Takeaways
- Tennessee’s 30-day deadline to file a notice of appeal in a civil case is both mandatory and jurisdictional — missing it by even one day strips the appellate court of authority to act.
- Appellate courts have no discretion to excuse an untimely notice of appeal in civil cases; dismissal is required.
- A trial court’s Rule 54.02 certification of a final judgment starts the 30-day appellate clock from the date of entry of that order.
Why It Matters
This memorandum opinion serves as a stark reminder that appellate deadlines in Tennessee civil cases are unforgiving. Unlike some procedural rules that allow for equitable relief or good-cause exceptions, the 30-day notice-of-appeal requirement admits no exceptions — a single missed day, as occurred here, results in permanent loss of the right to appeal regardless of the underlying merits.
Practitioners must calendar appellate deadlines from the date of entry of the final order and build in buffer time, particularly when relying on electronic filing, to avoid jurisdictional dismissal.