04/14/2020 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 4, 2020 IN RE HECTOR G. Appeal from the Chancery Court for Anderson County No. 19CH1375 M. Nichole Cantrell, Chancellor ___________________________________ No. E2019-01594-COA-R3-CV ___________________________________ Petitioners appeal from the transfer of their guardianship action from chancery court to juvenile court. Because Petitioners have appealed a non-final judgment, we dismiss this appeal for lack of subject matter jurisdiction. Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed J. STEVEN STAFFORD, P.J., W.S., delivered the opinion of the court, in which JOHN W. MCCLARTY, and W. NEAL MCBRAYER, JJ., joined. Mital D. Patel and Julie D. Eisenhower, Knoxville, Tennessee, for the appellants, Juan G., and Claudia G. OPINION BACKGROUND On July 12, 2019, Petitioners/Appellants Juan G. and Claudia G. (together “Petitioners”) filed a motion seeking a guardianship over a minor child, Hector G., in the Anderson County Chancery Court (“the trial court”). The petition alleged that a guardianship was necessary because both of the child’s parents had passed away. In addition, the petition specifically noted that the guardianship order would “be used for the secondary purpose of petitioning U.S. Citizen and Immigration Services to grant [the child] Special Immigrant Juvenile status, as defined in 8 U.S.C. § 1101(a)(27)(J).” In particular, the petition requested that the trial court make a finding as to “abuse, neglect, or abandonment” of the child, which finding would be used to seek Special Immigrant Juvenile status. Petitioners attached several documents to their motion. Many of the documents were official documents from Mexico, which were accompanied by certified translations. A hearing on the matter was held on July 19, 2019. No transcript is included in the record on appeal from this hearing. On the same day, the trial court entered an order transferring this matter to the Anderson County Juvenile Court (“juvenile court”) pursuant to Tennessee Code Annotated sections 34-2-101,1 36-1-103,2 and 37-1-104.3 Petitioners thereafter filed a timely motion to alter or amend the trial court’s judgment, arguing that the trial court made certain findings in its prior decision that were erroneous. In particular, Petitioners asserted that the trial court made the following findings in support of its order of transfer: 1) that the Court has the jurisdiction to grant guardianship for the Minor; 2) that the Court has the jurisdiction to grant the Order of Best Interest, and; 3) that the Court has the jurisdiction to grant the Special Immigrant Juvenile Status for the Minor; but 4) that the Court does not have the jurisdiction to determine whether the Minor is dependent and neglected.[4] 1 Section 34-2-101 provides as follows: (a) Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record in the county in which there is ...
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