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MALINDA ANNETTE STILLS v. CHADBURN OBER HARMON

PER CURIAM

Appeal from the Circuit Court for Greene County
No. 14CV117

Douglas T. Jenkins, Judge

This is an appeal from a Restraining Order entered on May 20, 2014. The Notice of Appeal was not filed until June 20, 2014, thirty-one (31) days after the date of entry of the Restraining Order. Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

THOMAS R. FRIERSON, II, J., CHARLES D. SUSANO, JR., C.J., AND D. MICHAEL SWINEY, J. Kristi J. Murray, Johnson City, Tennessee, for the appellant, Malinda Annette Stills. Roger Alan Woolsey, Greeneville, Tennessee, for the appellee, Chadburn Ober Harmon. MEMORANDUM OPINION

By order entered on July 31, 2014, the Court directed the appellant to show cause why this appeal should not be dismissed for lack of jurisdiction based upon the untimely filing of the Notice of Appeal. Counsel for the appellant has filed no response to the show cause order.

In order to be timely, a notice of appeal must "be filed with and received by the clerk of the trial court within 30 days after the date of entry of the judgment appealed from." Tenn. R. App. P. 4(a). "The thirty-day time limit for filing a notice of appeal is mandatory and jurisdictional in civil cases." Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004).

Because the Notice of Appeal in this case was filed more than thirty (30) days after the date of entry of the order on review, we lack jurisdiction to consider the appeal. This appeal is dismissed. Neither party is taxed with the costs on appeal. See Tenn. Code Ann. § 36-3-617(a); Furlong v. Furlong, 370 S.W.3d 329, 341 (Tenn. Ct. App. 2011). This cause is remanded to the trial court for collection of costs assessed at that level.

PER CURIAM

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Stills v. Harmon
(Aug 27, 2014)