Grand Valley Lakes Property Owners’ Association, Inc. v. Harold R. Gunn and Patsy R. Gunn

Case Number
W2008-01116-COA-R3-CV

This is an appeal from the grant of a voluntary dismissal. The plaintiff homeowners’ association sued the defendants in general sessions court for dues owed. The homeowners’ association was awarded a judgment. The defendants appealed to the circuit court below, seeking a de novo hearing. For several years, the appeal remained pending with no activity. In the meantime, the defendants sold the subject property. The judgment due to the homeowners’ association was paid by the purchaser of the subject property to remove any cloud on the title. Having been paid, the homeowners’ association filed a notice of satisfaction of judgment in the circuit court. The defendants filed a motion to set aside the satisfaction of judgment. The circuit court entered an order dismissing the defendants’ appeal. The circuit court later denied the defendants’ motion to set aside the satisfaction of judgment. From that order, the defendants now appeal. We find that the circuit court order is not final and appealable. Therefore, we dismiss the defendants’ appeal for lack of jurisdiction.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Judge J. Weber McCraw
Case Name
Grand Valley Lakes Property Owners’ Association, Inc. v. Harold R. Gunn and Patsy R. Gunn
Date Filed
Dissent or Concur
No
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