Editorial
Front Page - Friday, October 16, 2009
Case Digests - Tennessee court of appeals syllabus
Joyce A. Kendall vs. Ronald W. Meyer
Hamilton County - In this divorce case, following trial the Trial Court granted the parties a divorce and enforced an Antenuptial Agreement, designated the appellee as the primary residential parent for the parties’ minor children, and ordered the husband to pay child support in accordance with the Child Support Guidelines. On appeal, we affirm the Judgment of the Trial Court.
Mathews Partners, LLC, d/b/a NAI Nashville v. Lucianna Lemme
Wilson County - Commercial real estate broker brought action against seller of property, seeking commission following the sale of the property to buyers allegedly introduced to the seller by the broker during the term of the listing agreement. Upon cross motions for summary judgment, the trial court granted summary judgment to the seller finding the listing agreement was unenforceable because there was no meeting of the minds and a lack of mutual assent to the terms of the agreement. Broker appeals and finding error, we reverse and remand.
Dennis G. Lohmann vs. Ronald D. Lohmann, et al
Knox County - This is a suit between siblings over their mother’s Estate. Plaintiff sued his brother, defendant, alleging the defendant had a confidential relationship with the parties’ mother and sought a judgment declaring that certain transactions made by the defendant on behalf of the mother were void. Upon hearing the evidence, the Trial Court held the evidence established a presumption of undue influence and the defendant did not rebut the presumption. The Court ruled that the plaintiff is entitled to one-half of the proceeds of the annuity contracts and bank contracts, that the defendant had caused the plaintiff’s name to be deleted as a beneficiary of those contracts, and the Court entered Judgment for the plaintiff in the amount of $211,830.86 against defendant and placed a lien upon the defendants’ real property until the Judgment is paid. Defendant has appealed and on appeal we affirm the Judgment of the Trial Court.
LaFollette Medical Center, et al vs. CIty of LaFollette, et al
Campbell County - In this second appeal of this case, the Trial Court had entered an Agreed Order for disbursement of the funds which stated the parties had determined that the purpose of the constructive trust would best be shared out by transferring the funds to a newly created non-profit corporation known as the Lafollette Medical Foundation. (the funds had been held by the clerk of the Court.) The Court directed that the trust fund would be placed in the foundation with the monies retained for potential liabilities, and the charter of the LaFollette Medical Foundation, Inc., was filed with the Court, as well as its by-laws. The City of LaFollette filed a Motion to Set Aside the Order pursuant to Rule 60, Tenn. R. Civ. P., along with affidavits. The Court conducted a hearing and filed a Memorandum Opinion finding that its order was not void because the City had been found to have no interest in the fund and the City had actual knowledge of the Foundation and its rules, and transferring the money to the Foundation best served the interest of the public rather than the money being held by the Court. The City of LaFollette appealed to this Court. We affirm the Judgment of the Trial Court.
Sprintz-Hall Real Estate Partners, LLC v. Ashleigh Martin, et al
Davidson County - Sprintz-Hall Real Estate Partners, LLC (“Landlord”) sued Ashleigh Martin and R. Martin Enterprises, Inc. (“Tenant”) for breach of a lease. Tenant answered the complaint and counter-sued for, among other things, breach of contract, misrepresentation, and fraud. The case was tried before a jury. At the close of proof, the Trial Court granted a directed verdict for Landlord as to certain of the claims, including that Tenant had breached the lease. The Trial Court further found that Landlord did not breach the lease. Tenant’s claims for negligent misrepresentation and intentional misrepresentation were submitted to the jury. The jury returned a verdict finding, inter alia, that Landlord made a misrepresentation that induced Tenant to enter into the lease, that Tenant had ratified the lease, and that Landlord was entitled to a judgment of $44,064 from Tenant. The Trial Court entered judgment on the jury’s verdict in favor of Landlord for $44,064 plus pre-judgment interest, attorney’s fees, and costs. Landlord requested $153,771.54 in attorney’s fees. After a hearing, the Trial Court awarded Landlord $25,000 in attorney’s fees and $3,630.96 as expenses for court reporter fees. Tenant appeals raising issues regarding the directed verdict, jury instructions, and the Trial Court’s response to a question asked by the jury. Landlord raises an issue regarding the award of attorney’s fees. We affirm.
Elizabeth Leanne Hudson v. Larson Douglas Hudson
Davidson County - This case involves an appeal concerning the relocation of Elizabeth Leanne Hudson (“Mother”) and her two minor children from Nashville, Tenn., to Hopkinsville, Ky. Larson Douglas Hudson (“Father”) opposed the relocation. After a three day bench trial, the trial court granted Mother’s request to relocate after finding, pursuant to Tenn. Code Ann. § 36-6-108, that the relocation was reasonable and not vindictive. The trial court also awarded Mother attorney’s fees. For the following reasons, we affirm the holding of the trial court regarding the relocation but reverse concerning the attorney’s fees.
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