Albert v. Frye

OPINION

WILLIAM M. BARKER, J„

delivered the opinion of the court,

in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and JANICE M. HOLDER, JJ. joined.

The issue in this case is whether the defendant’s notice of appeal was timely filed. The Court of Appeals held that it was not. We disagree. Under Tennessee Rule of Civil Procedure 59.04, the thirty-day time limit for filing a notice of appeal was tolled until the trial court issued its decision on the defendant’s post-trial motion to alter or amend. Therefore, we reverse the decision of the Court of Appeals and…