Gentry v. Speaker of the House

• Decision Date: 27 January 2023
• Docket Number: M2022-00654-COA-R3-CV
• Parties: JOHN A. GENTRY v. SPEAKER OF THE HOUSE
• Court: Tennessee Court of Appeals

JOHN A. GENTRY
v.
SPEAKER OF THE HOUSE

No. M2022-00654-COA-R3-CV

Court of Appeals of Tennessee, Nashville

January 27, 2023

Session January 4, 2023

Appeal from the Chancery Court for Davidson County No. 21-2165-IV Russell T. Perkins, Chancellor.

Plaintiff sues to enforce his perceived right to address the House of Representatives. Finding that the case is identical to a prior case in that it involves a court of competent jurisdiction, the same parties as a previous case, a prior final decision on the merits, and the same parties and cause of action, the trial court applied the doctrine of res judicata and dismissed the case. We affirm.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed

John A. Gentry, Goodlettsville, Tennessee, pro se.

Jonathan Skrmetti, Attorney General and Reporter, Andree Blumstein, Solicitor General, and Janet M. Kleinfelter, Deputy Attorney General, for the appellee, House Speaker Cameron Sexton.

ANDY D. BENNETT, J., delivered the opinion of the Court, in which W. NEAL MCBRAYER and JEFFREY USMAN, JJ., joined.

OPINION

ANDY D. BENNETT, JUDGE.

FACTUAL AND PROCEDURAL BACKGROUND

This is not Mr. Gentry's first Writ of Mandamus case.

In May 2019, Mr. Gentry filed a petition for writ of mandamus in the chancery court against Former Speaker of the House Glen Casada, Lieutenant Governor McNally, and the chief clerks of the House and the Senate. The petition sought an order mandating that the House and Senate clerks "properly announce" the petition of remonstrance in accordance with Senate Rule 22 and House Rule 15 and an order requiring the Senate and

1

House "to hear and decide" the petition of remonstrance pursuant to article 1, sections 1, 23, and 35 of the Tennessee Constitution. The defendants filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted

Gentry v. Former Speaker of the House Glen Casada, No. M2019-02230-COA-R3-CV, 2020 WL 5587720, at *1 (Tenn. Ct. App. Sept. 17, 2020), perm. app. denied, (Jan. 13, 2021), cert. denied, 141 S.Ct. 2804 (June 21, 2021) ("Gentry I"). The trial court found against Mr. Gentry's claims. The Court of Appeals affirmed. Id. at *10.

Before his case was even decided in the Court of Appeals, Mr. Gentry tried anew to have his complaints heard. He submitted a copy of an "Application by Address: Restoration of Right to Apply for Redress of Grievance or...