Tennessee Code Annotated

Tenn. Code Ann. § 27-1-122 (2026)

Damages for frivolous appeal

✓ current as of May 2026
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When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant, which may include, but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of the appeal.

Acts 1975, ch. 203, § 1; T.C.A., § 27-124.


Notes of Decisions
Cited in 689 cases (199 in the last 5 years), 1981–2026 · leading case: Marra v. Bank of New York, 310 S.W.3d 329 (Tenn. Ct. App. 2009).
Marra v. Bank of New York, 310 S.W.3d 329 (Tenn. Ct. App. 2009). · cites it 36× “" [11] Tenn.Code Ann. § 27-1-122 (2000). Though such damages were requested by Lewis in the first appeal, Kleinsmith points out, the appellate court dismissed the appeal without resolving the issue, and Lewis did not ask the appellate court to reconsider awarding such damages.”
Young v. Barrow, 130 S.W.3d 59 (Tenn. Ct. App. 2003). · cites it 5× “Accordingly, in 1975, the Tennessee General Assembly enacted Tenn.Code Ann. § 27-1-122 to enable appellate courts to award damages against parties whose appeals are frivolous or are brought solely for the purpose of delay.”
Chiozza v. Chiozza, 315 S.W.3d 482 (Tenn. Ct. App. 2009). · cites it 4× “Pursuant to Tenn.Code Ann. § 27-1-122, we exercise our discretion and award Ms.”
Bobby Murray v. Dennis Miracle, 457 S.W.3d 399 (Tenn. Ct. App. 2014). · cites it 4× “In pertinent part, Tenn.Code Ann. § 27-1-122 addresses damages for frivolous appeals stating: When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a, party or of its own…”
GSB Contractors, Inc. v. Hess, 179 S.W.3d 535 (Tenn. Ct. App. 2005). · cites it 4× “Tenn. Code Ann. § 27-1-122 (2003). The Homeowners argue that this appeal is frivolous and taken solely for delay in the enforcement of the judgment entered by the trial court.”
Wakefield v. Longmire, 54 S.W.3d 300 (Tenn. Ct. App. 2001). · cites it 4× “T.C.A. § 27-1-122 (2000) provides as follows: When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant,…”
Henderson v. SAIA, INC., 318 S.W.3d 328 (Tenn. 2010). · cites it 2× “” The second statute, Tennessee Code Annotated section 27-1-122 (2000), states that when it appears to a reviewing court that the appeal was “frivolous or taken solely for delay, the court may, either upon the motion of a party or of its own motion, award just damages against…”
Williams v. Williams, 286 S.W.3d 290 (Tenn. Ct. App. 2008). · cites it 5× “T.C.A. § 27-1-122 (2000). In the case at bar, although the record includes a transcript of the pendente lite hearing before the divorce referee, there is no transcript of the trial.”
Hannah Ann Culbertson v. Randall Eric Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014). · cites it 4× “See Tenn. Code Ann. § 27-1-122 . As we are reversing the trial court’s decision, Father’s appeal was obviously not frivolous.”
Glanton v. Lord, 183 S.W.3d 391 (Tenn. Ct. App. 2005). · cites it 6× “On October 28, 2003, the attorney for the Disputed Heirs filed a motion and brief seeking an award of damages against the Plaintiff Cousins for filing a frivolous appeal in accordance with Tenn.Code Ann. § 27-1-122 (2000). II. The Plaintiff Cousins raise a hodgepodge of issues…”
Wilson v. Wilson, 987 S.W.2d 555 (Tenn. Ct. App. 1998). · cites it 4× “Wilson asserts that this is a frivolous appeal as described in Tenn.Code Ann. § 27-1-122. We disagree. The judgment of the court below is modified to give Dr.”
Jeremy David Parvin v. Jackie LaDean Newman, 518 S.W.3d 298 (Tenn. Ct. App. 2016). · cites it 10× “”) (citing Tenn. Code Ann. § 27-1-122 ). 24 VIII. Conclusion For the reasons stated above, we affirm the trial court‟s judgment.”
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