Andrew J. Withers v. Withers Collection, Inc.

Syllabus

This appeal arises from a complaint originally filed in the Shelby County chancery courtthat sought the removal of the trustee of a trust based on alleged breaches of fiduciaryduties, breach of trust, conversion of trust property, and other claims. The chancellor whowas assigned the case determined that he had a conflict of interest requiring him to recusehimself. The other chancellors in the judicial district were also unable to hear the case, andthe original chancellor signed an order transferring the case to the circuit court. The circuitcourt entered an order removing the trustee. The defendants filed this appeal. Finding thatthe circuit court lacked subject matter jurisdiction, we vacate the removal of the trustee andremand for transfer of the case back to a court of appropriate jurisdiction.