Shane Maddox Bruce v. Carolyn Marsh Jackson

Syllabus

The petitioner commenced this action in the Knox County Circuit Court (\trial court\), naming as respondents his mother, his brother, and a purported family trust. He alleged, inter alia, that his mother and brother had \brought about\ the wrongful death of his father and had mishandled trust funds. Additionally, the petitioner requested \financial separation\ from familial assets, a money judgment, and injunctive relief to freeze familial assets. Following a hearing, the trial court entered an order dismissing this action with prejudice upon finding that the trial court lacked jurisdiction because all parties involved in the matter resided in Campbell County and all acts forming the basis for the petitioner's claims had occurred in Campbell County. The petitioner has appealed. We determine that although the trial court correctly found that it lacked subject matter jurisdiction, the court erred by dismissing this action with prejudice. We further determine that, pursuant to Tennessee Code Annotated § 16-1-116 (2009), this matter should be transferred to the court wherein jurisdiction lies. We therefore vacate the portion of the trial court's judgment dismissing the case with prejudice and remand for entry of an order transferring this action to the Campbell County Circuit Court.