Tennessee Code Annotated

Tenn. Code Ann. § 27-1-125 (2026)

Appeal from an order of a trial court granting or denying class action certification

✓ current as of May 2026
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The court of appeals shall hear appeals from orders of trial courts granting or denying class certification under Rule 23 of the Tennessee Rules of Civil Procedure, if a notice is filed within ten (10) days after entry of the order. All proceedings in the trial court shall be automatically stayed pending the appeal of the class certification ruling.

Acts 2005, ch. 280, §1; 2011 , ch. 510, § 13.


Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2010–2025 · leading case: Wicker v. Comm'r, 342 S.W.3d 35 (Tenn. Ct. App. 2010).
Wicker v. Comm'r, 342 S.W.3d 35 (Tenn. Ct. App. 2010). · cites it 4× “The Department filed an application for permission to appeal to this Court on November 10, 2009 pursuant to Tennessee Code Annotated section 27-1-125 1 and Tennessee Rule of Appellate Procedure 9.”
Emergency Med. Care Facilities, P.C. v. BlueCross BlueShield of Tennessee, Inc. (Tenn. 2025). · cites it 12× “” Tenn. Code Ann. § 27-1-125 (2017). Notably, when a class certification decision is appealed under section 27-1-125 and upheld by the Court of Appeals, the appellate court’s decision and mandate establish the law of the case,7 which 6 Courts, however, “should not disregard the…”
Highlands Physicians, Inc. v. Wellmont Health Sys. (Tenn. Ct. App. 2017). · cites it 6× “Tenn. Code Ann. § 27-1-125 . Recently, this Court summarized the deferential standard of review that guides our analysis of a trial court’s grant or denial of class certification: A trial court’s decision on class certification is entitled to deference.”
Akilah Louise Wofford v. M.J. Edwards & Sons Funeral Home, Inc., 528 S.W.3d 524 (2017). · cites it 2× “Tenn. Code Ann. § 27-1-125 permits an appeal from a grant or denial of class certification.”
Janet Doe v. City of Memphis, Tennessee (Tenn. Ct. App. 2024). · cites it 4× “The City appealed pursuant to Tenn. Code Ann. § 27-1-125 ,2 and presents the following issues for our review: whether the trial court erred by failing to properly define the class, and whether the trial court erred in finding that Ms.”
Donald J. Roberts IRA v. Phillip H. McNeill, Sr. (Tenn. Ct. App. 2014). · cites it 6× “The Directors filed an application for interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure and Tennessee Code Annotated section 27-1-125, which this Court granted.”
Emergency Med. Care Facilities, P.C. v. Bluecross Blueshield of Tennessee, Inc. (Tenn. Ct. App. 2018). · cites it 2× “W2017-02211-COA-R3-CV ___________________________________ This interlocutory appeal pursuant to Tennessee Code Annotated section 27-1-125 follows the trial court’s denial of a motion for class action certification.”
April Hawthorne v. Morgan & Morgan Nashville, PLLC (Tenn. Ct. App. 2024). · cites it 2× “3 3 Section 27-1-125 provides as follows: The court of appeals shall hear appeals from orders of trial courts granting or denying class certification under Rule 23 of the Tennessee Rules of Civil -6- DISCUSSION On appeal, the Defendants contest the trial court’s grant of class…”
Donald J. Roberts IRA v. Phillip H. McNeill, Sr. (Tenn. Ct. App. 2011). · cites it 2× “Directors filed an application for interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure and Tennessee Code Annotated section 27-1-125, which this Court granted.”
Gary Haiser v. Michael Haines (Tenn. Ct. App. 2014). · cites it 2× “Plaintiffs appealed the denial of class certification to this Court as allowed under Tenn. Code Ann. § 27-1-125 . Discussion Although not stated exactly as such, Plaintiffs raise the following issue on appeal: whether the Trial Court erred in denying Plaintiffs’ motion for class…”
In Re SmileDirectClub, Inc. Sec. Litig. (Tenn. Ct. App. 2022). “Standard of Review Tennessee Code Annotated § 27-1-125 (2017) vests this Court with the authority to “hear appeals from orders of trial courts granting or denying class certification” under Tennessee Rule of Civil Procedure 23.”
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