Tino Cartez Sutton v. State of Tennessee - Appeal Dismissed for Late Filing

Tennessee Court of Appeals

Filed March 4th, 2026

Detected March 10th, 2026

Summary

The Tennessee Court of Appeals dismissed an appeal filed by Tino Cartez Sutton due to a late filing of the notice of appeal. The appellant failed to file within the mandatory 30-day period required by Tennessee Rule of Appellate Procedure 4(a).

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What changed

The Tennessee Court of Appeals has dismissed the appeal of Tino Cartez Sutton in the case No. M2026-00318-COA-R3-CV. The dismissal is based on the appellant's failure to file the notice of appeal within the 30-day timeframe mandated by Tennessee Rule of Appellate Procedure 4(a). The appellant filed his notice of appeal 66 days after the entry of the order he sought to appeal, which was originally entered on December 23, 2025. This order denied relief under Tennessee Rule of Civil Procedure 60.02, stemming from prior orders on May 10, 2024, and August 28, 2024.

This ruling underscores the critical importance of adhering to strict filing deadlines in appellate proceedings. The 30-day period for filing a notice of appeal is considered mandatory and jurisdictional, meaning the court cannot extend it. Failure to comply deprives the appellate court of jurisdiction. The appellant, Tino C. Sutton, is responsible for the costs of the appeal. Legal professionals and individuals representing themselves should ensure strict adherence to these appellate rules to avoid dismissal.

What to do next

Ensure all notices of appeal are filed within the mandatory 30-day period as per Tenn. R. App. P. 4(a)
Review internal processes for tracking and filing appellate deadlines

Penalties

Appellant taxed with costs

Source document (simplified)

IN THE COURT OF APPEALS OF TENNESSEEAT NASHVILLEMarch 4, 2026TINO CARTEZ SUTTON v. STATE OF TENNESSEE ET AL.Appeal from the Circuit Court for Bedford CountyNo. CV-14231 Robert E. Lee Davies, Senior Judge ________________________________No. M2026-00318-COA-R3-CV ________________________________This is an appeal from an order denying relief under Tennessee Rule of Civil Procedure 60.02. Because the appellant did not file his notice of appeal within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed ANDY D. BENNETT, W. NEAL MCBRAYER, and JEFFREY USMAN, JJ. Tino C. Sutton, Unionville, Tennessee, pro se. Jonathan Skrmetti, Attorney General and Reporter, J. Matthew Rice, Solicitor General Kathryn A. Ahillen, Assistant Attorney General, for the appellees, State of Tennessee and Bedford County, Tennessee.MEMORANDUM OPINIONTino Sutton has filed a notice of appeal from an order entered on December 23, 2025, denying his Tennessee Rule of Civil Procedure 60.02 motion for relief from an order entered on May 10, 2024, and a final order entered on August 28, 2024. Tennessee Rule of Appellate Procedure 4(a) requires that a notice of appeal be filed with the clerk of the appellate court within thirty (30) days after entry of the judgment appealed. Mr. Sutton did not file his notice of appeal until February 27, 2026, sixty-six (66) days after entry of the order appealed. Under Tennessee Court of Appeals Rule 10, a case decided by memorandum opinion shall not be published and shall not be cited or relied on for any reason in any unrelated case. 03/09/2026

The thirty-day time limit for filing a notice of appeal is mandatory and jurisdictional. Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004); Binkley v. Medling, 117 S.W.3d 252, 255 (Tenn. 2003). This Court can neither waive nor extend the time period. Tenn. R. App. P. 2 and 21(b); Flautt & Mann v. Council of City of Memphis, 285 S.W.3d 856, 868 n.1 (Tenn. Ct. App. 2008); Jefferson v. Pneumo Servs. Corp., 699 S.W.2d 181, 184 (Tenn. Ct. App. 1985). The failure to file a timely notice of appeal deprives this Court of jurisdiction to hear the matter. Flautt & Mann, 285 S.W.3d at 869 n.1. The appeal is dismissed for failure to file a timely notice of appeal. Mr. Sutton is taxed with the costs for which execution may issue. PER CURIAM