William Tassell, et al. v. U.S. Bank, Inc.

William and Shirley Tassell's ("Plaintiffs") purchase of a house in 1998 was financed through U.S. Bank, Inc. (the "Bank"). After Plaintiffs fell behind in their payments, the Bank filed a detainer warrant and began the foreclosure process. Plaintiffs claim they made a payment bringing their mortgage current and they made this payment one day before their house was to be sold at foreclosure. Plaintiffs claim the Bank, nevertheless, proceeded with the foreclosure sale thereby forcing them to file this lawsuit seeking to have the foreclosure set aside. The Trial Court denied Plaintiffs' request for a temporary restraining order and refused to interfere with the foreclosure proceedings, noting that no valid appeal had been taken in the detainer action. Plaintiffs appeal. We dismiss this appeal because there is no final appealable judgment as required by Tenn. R. App. P. 3(a).