This is a property action involving the plaintiffs’ years long pursuit to establish a right-of- way to landlocked property. The trial court dismissed the action for failure to prosecute. We now vacate the order of dismissal and remand for further hearing.

This appeal concerns two issues: (1) whether a 2024 amendment to the unlawful detainer statute made possession bonds mandatory for all tenants in appeals from the general sessions court to the circuit court, abrogating the decision in Johnson v. Hopkins, 432 S.W.3d 840 (Tenn. 2013); and (2) whether a tenant’s failure to sign an affidavit of indigency filed in lieu of a cost bond deprives the circuit court of subject matter jurisdiction. Here, the general sessions court awarded possession of the property to the landlords and entered a monetary judgment for unpaid rent against the tenants. One of the tenants then filed a timely notice of appeal with an unsigned affidavit of indigency. The general sessions court found the tenant indigent and qualified to proceed on a pauper’s oath. But the circuit court held that it lacked subject matter jurisdiction because the tenant remained in possession of the property and did not post a bond equal to one year’s rent per Tennessee Code Annotated § 29-18-130(b)(2). This appeal followed. The tenant contends that a possession bond was unnecessary under the decision in Johnson because he did not seek to retain possession of the property pending the appeal, and he argues that his failure to sign the affidavit of indigency is a correctable, technical defect. We conclude that the circuit court lacked subject matter jurisdiction because the tenant did not file a properly executed affidavit of indigency in the general sessions court. For this reason, we affirm the judgment of the circuit court.

The Arts & Business Council of Greater Nashville is hosting a free legal clinic for artists Nov. 5 at the Country Music Association. The clinic offers 30-minute consultations with volunteer attorneys for income-qualified creatives across Tennessee. Volunteer attorneys can expect questions on contracts & licensing, copyright, business formation, nonprofit governance and the like. Email vlpa@abcnashville.org for more information or to volunteer.

The TBA will host a Court of Appeals Boot Camp on Oct. 8 in Nashville, offering lawyers the opportunity to observe oral arguments in real cases and hear analysis from participating attorneys on preparation and advocacy strategies. The event, designed to strengthen skills in both written and oral appellate advocacy, also will feature a networking lunch for participants. The program will run from 9 a.m. to 3 p.m. CDT at the Tennessee Court of Appeals. For more information and to register, visit the TBA website. 

The Tennessee Comptroller has rejected Shelby County’s 2026 budget, barring the county from issuing bonds or borrowing money this fiscal year — the first time such a penalty has been imposed on a Tennessee county under a 2021 law. The Daily Memphian reports that Comptroller Jason Mumpower cited repeated deficiencies in budget submissions, including missing details on Memphis-Shelby County Schools funding and fund balances, despite warnings issued last year. The county budgeted $150 million in planned capital projects, including new schools, a replacement trauma hospital, jail improvements and roadwork. Shelby County Mayor Lee Harris and County Commission Chair Shante Avant stated that school and hospital building plans will not be immediately affected by the state’s one-year ban since no borrowing was planned for this fiscal year. Existing bonds issued last spring will cover current construction needs, but the county expects to issue additional bonds in 2027, meaning continued state budget rejections could jeopardize long-term projects. Avant has called for a corrective action plan to address the Tennessee Comptroller’s concerns and restore financial compliance. Harris’ office said projects remain on track, with sufficient resources in place, and pledged to work with the comptroller to resolve the issues. Memphis lawmakers criticized the comptroller's decision as a roadblock, while Mumpower’s office said Shelby County leaders failed to take advantage of opportunities to correct errors before submission.

The State Building Commission in August approved a $4,000 private donation to go toward the construction of the “memorial for unborn children” on the grounds of the state capitol. The monument was first proposed in 2018 and sponsored by Rep. Jerry Sexton, R-Bean Station, and Sen. Steve Southerland, R-Morristown. WKRN reports that Democrats had argued that the monument's construction would have serious implications for abortion and women, and that the memorial wasn’t necessary because there is already one honoring children who have died in Nashville’s Centennial Park.

Out-of-state PACs are pouring millions into Tennessee’s special congressional race in District 7, with most of the money spent attacking Rep. Jody Barrett, R-Dickson, for opposing school vouchers and a 2024 tax rebate plan. The School Freedom Fund, bankrolled solely by billionaire Jeff Yass, has spent over $500,000 against Barrett, though it hasn’t endorsed another candidate. Matt Van Epps, endorsed by retiring Republican Rep. Mark Green, has received more than $500,000 in outside PAC support. Much of that money can be traced to a PAC funded by the parents of Amazon founder Jeff Bezos, WPLN reports. Other frontrunners, including Lee Reeves and state Rep. Gino Bulso, R-Brentwood, have relied heavily on personal loans to their campaigns, while on the Democratic side, Darden Copeland and Rep. Bo Mitchell of Nashville lead fundraising, with state Rep. Vincent Dixie, D-Nashville, receiving some support from an out-of-state PAC. Early voting ends today; the primary election is Oct. 7.

The Justice Department (DOJ) has ordered all 93 U.S. attorney’s offices to prosecute adult sponsors of unaccompanied migrant children (UAC) for crimes such as trafficking, fraud and immigration violations, according to a memo from Deputy Attorney General Todd Blanche. Each district must appoint a coordinator, track cases and seek DOJ approval before declining prosecution, signaling a tougher enforcement push under the Trump administration. Bloomberg Law reports that the move follows Republican criticism of Biden-era policies that loosened vetting requirements, which they say increased risks of exploitation, though advocates argue stricter rules deter family members from stepping forward. The directive reflects Trump’s broader effort to overhaul the UAC program, with expanded vetting, renewed data-sharing between agencies and $300 million in new funding.

State Sen. Jeff Yarbro, D-Nashville, is accusing Attorney General (AG) Jonathan Skrmetti of improperly revising and withdrawing a prior legal opinion, written by former AG Herbert Slatery, to allow Gov. Bill Lee to deploy National Guard troops to Memphis at President Donald Trump’s request. Yarbro argues the move violates both the U.S. and Tennessee constitutions, which prohibit military involvement in policing, and says it undermines the rule of law. Skrmetti defends the change, stating attorney general opinions are not binding and that the office withdraws opinions when it finds the state of the law has changed or the analysis was incorrect. Sen. Mark Pody, R-Lebanon, contends the governor has clear authority over the Guard. Yarbro maintains state law authorizes changes or omissions only when the legislature passes new laws or a court makes a conflicting ruling, and warns that ignoring constitutional limits amounts to “tyranny.” Tennessee Lookout has the story.

A three-judge panel of the U.S. 6th Circuit Court of Appeals on Wednesday dismissed the NCAA's eligibility case against Vanderbilt quarterback Diego Pavia, who is playing this season under a preliminary injunction. According to the Associated Press, the judges agreed with the dismissal for lack of jurisdiction in a quick ruling returned after hearing oral arguments Sept. 16 in Nashville. Judge Amul R. Thapar noted Pavia won the preliminary injunction before the NCAA hurt its appeal by granting a waiver in December to athletes in his position. The Tennessean also reports on the ruling.