Tennessee Code Annotated
Tenn. Code Ann. § 27-5-108 (2026)
Appeal from general sessions court
✓ current as of May 2026
- (a)
- (1) Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with this chapter.
- (2) In civil cases, if one (1) or more of the parties before the general sessions court, on one (1) or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, as provided in this section, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party.
- (b) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.
- (c) Any appeal shall be heard de novo in the circuit court.
- (d)
- (1) Except as provided in subdivision (d)(2), if no appeal is taken within the time provided, then execution may issue.
- (2) For a writ of possession, if no appeal is taken within the time provided, then execution shall issue by operation of law.
Amended by 2023 Tenn. Acts, ch. 295, s 1, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 858, s 1, eff. 5/3/2018.
Acts 1959, ch. 109, § 4; T.C.A., § 27-509; modified; Acts 2002, ch. 707, §1; 2008 , ch. 756, § 1.
Notes of Decisions
Cited in 131
cases (23 in the last 5 years), 1984–2026 · leading case: Clark v. Metro. Gov't of Nashville, 827 S.W.2d 312 (Tenn. Ct. App. 1991).
Clark v. Metro. Gov't of Nashville, 827 S.W.2d 312 (Tenn. Ct. App. 1991). “The common law writ of certiorari should not be used as a vehicle for appealing a general sessions court's interlocutory decisions when Tenn. Code Ann. § 27-5-108 (1980) provides an adequate appeal procedure.”
Benson v. Herbst, 240 S.W.3d 235 (Tenn. Ct. App. 2007). “§ 27-5-101 (2000) rather than Tenn. Code Ann. § 27-5-108 (a)(l), which meant *238 that Mr.”
Wells Fargo Bank, NA v. Marcus Dorris, 556 S.W.3d 745 (Tenn. Ct. App. 2017). “01, regarding clerical mistakes, shall apply to all courts of general sessions.”
Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011). “To preserve the plaintiffs original cause of action after such dismissal, the plaintiff must perfect an appeal to the circuit court as prescribed by Tennessee Code Annotated section 27-5-108 (2000). We therefore affirm the judgment of the lower courts.”
Jackson Energy Auth. v. Diamond, 181 S.W.3d 735 (Tenn. Ct. App. 2005). “Jackson Energy maintained that the judgment entered by the General Sessions Court on July 28, 2003, was proper, and that Diamond had failed to appeal to Circuit Court within the ten-day time limitation prescribed in Tennessee Code Annotated § 27-5-108. 2 Under Section 27-5-108,…”
Kirkland Sturgis v. Donna Smith Thompson, 415 S.W.3d 843 (Tenn. Ct. App. 2011). “Section 27-5-108 states that any party may appeal from a decision 3 of the general sessions court to the circuit court.”
State v. Smith, 278 S.W.3d 325 (Tenn. Crim. App. 2008). “*330 The trial court’s treatment of the appeal as a timely section 27-5-108 appeal was based upon the civil nature of the underlying proceeding.”
Wilma Griffin v. Campbell Clinic, P.A., 439 S.W.3d 899 (Tenn. 2014). “Notably, McCarver preceded the enactment of Tennessee Code Annotated section 27-5-108 and its requirement that the appealing party "comply! ]” with the provisions of chapter 5 to perfect an appeal.”
Edith Johnson v. Mark C. Hopkins, 432 S.W.3d 840 (Tenn. 2013). “This ten-day stay corresponds to the ten days provided in Tennessee Code Annotated section 27-5-108 (2000 & Supp.2013) for an appeal.”
State v. Osborne, 712 S.W.2d 488 (Tenn. Crim. App. 1986). “In his order, the trial judge stated, among other things, that the injunction granted by the sessions court was not a final order, as contemplated by the appeal requirements of T.C.A. § 27-5-108, and that the State’s petition for certiorari was the “proper vehicle to challenge…”
Steinhouse v. Neal, 723 S.W.2d 625 (Tenn. 1987). “Defendants argued that the provisions of T.C.A. § 27-5-108 controlled and that Defendant had 10 days in which to appeal.”
Almond Reid v. Nigel Reid, Sr., 388 S.W.3d 292 (Tenn. Ct. App. 2012). “See Tenn.Code Ann. § 27-5-108 (Supp.2011). The trial was conducted on December 14, 2011, after which the Circuit Court entered an order granting Landlord a judgment for unpaid rent in the amount of $2,150, as well as a writ of possession for the property.”
— Tenn. Code Ann. § 27-5-108(2) — 1 case
William M. West Jr. v. Julie West (Tenn. Ct. App. 2020).
— Tenn. Code Ann. § 27-5-108(a) — 12 cases
Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011). “To preserve the plaintiffs original cause of action after such dismissal, the plaintiff must perfect an appeal to the circuit court as prescribed by Tennessee Code Annotated section 27-5-108 (2000). We therefore affirm the judgment of the lower courts.”
Clark v. Metro. Gov't of Nashville, 827 S.W.2d 312 (Tenn. Ct. App. 1991). “The common law writ of certiorari should not be used as a vehicle for appealing a general sessions court's interlocutory decisions when Tenn. Code Ann. § 27-5-108 (1980) provides an adequate appeal procedure.”
Wells Fargo Bank, NA v. Marcus Dorris, 556 S.W.3d 745 (Tenn. Ct. App. 2017). “01, regarding clerical mistakes, shall apply to all courts of general sessions.”
State v. Smith, 278 S.W.3d 325 (Tenn. Crim. App. 2008). “*330 The trial court’s treatment of the appeal as a timely section 27-5-108 appeal was based upon the civil nature of the underlying proceeding.”
Greg Layman v. Aaron Acor (Tenn. Ct. App. 2016).
— Tenn. Code Ann. § 27-5-108(a)(1) — 10 cases
Benson v. Herbst, 240 S.W.3d 235 (Tenn. Ct. App. 2007). “§ 27-5-101 (2000) rather than Tenn. Code Ann. § 27-5-108 (a)(l), which meant *238 that Mr.”
Jackson Energy Auth. v. Diamond, 181 S.W.3d 735 (Tenn. Ct. App. 2005). “Jackson Energy maintained that the judgment entered by the General Sessions Court on July 28, 2003, was proper, and that Diamond had failed to appeal to Circuit Court within the ten-day time limitation prescribed in Tennessee Code Annotated § 27-5-108. 2 Under Section 27-5-108,…”
John F. Curran v. Only Motorsports, LLC (Tenn. Ct. App. 2025).
Allison Jacob v. Alexis Partee & Tom Bedell, Jr. v. Top Gun Body Shop (Tenn. Ct. App. 2012).
State of Tennessee v. Earlesa McClellan (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 27-5-108(a)(2) — 1 case
Chimneyhill Condo. Ass'n v. King Chow (Tenn. Ct. App. 2021).
— Tenn. Code Ann. § 27-5-108(a)(l) — 5 cases
Benson v. Herbst, 240 S.W.3d 235 (Tenn. Ct. App. 2007). “§ 27-5-101 (2000) rather than Tenn. Code Ann. § 27-5-108 (a)(l), which meant *238 that Mr.”
Kirkland Sturgis v. Donna Smith Thompson, 415 S.W.3d 843 (Tenn. Ct. App. 2011). “Section 27-5-108 states that any party may appeal from a decision 3 of the general sessions court to the circuit court.”
Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011). “To preserve the plaintiffs original cause of action after such dismissal, the plaintiff must perfect an appeal to the circuit court as prescribed by Tennessee Code Annotated section 27-5-108 (2000). We therefore affirm the judgment of the lower courts.”
Chris Yousif, d/b/a Quality Motors v. Notrial Clark & The Circuit Court of Knox Cnty., 317 S.W.3d 240 (Tenn. Ct. App. 2010).
Johnson v. Merritt, 282 S.W.3d 417 (Tenn. Ct. App. 2008).
— Tenn. Code Ann. § 27-5-108(c) — 15 cases
Clark v. Metro. Gov't of Nashville, 827 S.W.2d 312 (Tenn. Ct. App. 1991). “The common law writ of certiorari should not be used as a vehicle for appealing a general sessions court's interlocutory decisions when Tenn. Code Ann. § 27-5-108 (1980) provides an adequate appeal procedure.”
Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011). “To preserve the plaintiffs original cause of action after such dismissal, the plaintiff must perfect an appeal to the circuit court as prescribed by Tennessee Code Annotated section 27-5-108 (2000). We therefore affirm the judgment of the lower courts.”
Kirkland Sturgis v. Donna Smith Thompson, 415 S.W.3d 843 (Tenn. Ct. App. 2011). “Section 27-5-108 states that any party may appeal from a decision 3 of the general sessions court to the circuit court.”
State of Tennessee v. Chad Allen Kirk, 392 S.W.3d 622 (Tenn. Crim. App. 2011).
State v. Smith, 278 S.W.3d 325 (Tenn. Crim. App. 2008). “*330 The trial court’s treatment of the appeal as a timely section 27-5-108 appeal was based upon the civil nature of the underlying proceeding.”
— Tenn. Code Ann. § 27-5-108(d) — 4 cases
Wilma Griffin v. Campbell Clinic, P.A., 439 S.W.3d 899 (Tenn. 2014). “Notably, McCarver preceded the enactment of Tennessee Code Annotated section 27-5-108 and its requirement that the appealing party "comply! ]” with the provisions of chapter 5 to perfect an appeal.”
Jimmy Andrews, Jr. v. Deborah L. Clemmer (Tenn. Ct. App. 2013).
Stephen Meacham, Pers. Rep. of the Est. of Robert E. Meacham v. William Earl Starnes, Sr. (Tenn. Ct. App. 2013).
Marvin Bernatsky & Patricia Bernatsky v. Designer Baths & Kitchens, LLC (Tenn. Ct. App. 2013).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.