Jesse R. Miltier v. Bank of America, N.A.
Carter County – This is a tort action for wrongful foreclosure. Suit was filed by Jesse R. Miltier against his lender, Bank of America, N.A. (“BOA”). In his complaint, Miltier demanded $200,000 in compensatory damages and $10,000,000 in punitive damages. The jury awarded Miltier $750,000 compensatory damages itemized on the verdict form as $350,000 out of pocket money losses “related solely to foreclosure,” $100,000 out of pocket losses “related solely to lawsuit,” $150,000 emotional distress “related solely to foreclosure” and $150,000 emotional distress “related solely to lawsuit.”
The jury also awarded Miltier $300,000 in punitive damages. BOA filed post-judgment motions asking that the compensatory damages be remitted to eliminate “amounts related solely to the lawsuit” and amounts awarded in excess of the $200,000 demanded in the complaint. Miltier responded asserting that the issue of damages over $200,000 was tried by consent.
The trial court entered an order reducing the award of compensatory damages to
$200,000. Later, the court entered a final order approving the jury’s award of punitive damages in the amount of $300,000. Miltier appeals challenging the reduction of the verdict. His issues include a challenge to the constitutionality of Tenn. R. Civ. P. 15.02 which forbids amendment of pleadings after verdict to increase the ad damnum clause. The Attorney General has appeared on appeal to defend the constitutionality of Rule 15.02. We affirm.
Collateral Plus, LLC, et al. v. Max Well Medical, Inc.
Davidson County – This is an appeal of the grant of a motion for summary judgment. The parties entered into a loan management agreement providing that a placement fee would be paid only upon the occurrence of certain conditions.
The agreement explicitly provided that it would terminate when the underlying bank loan was satisfied. When the underlying loan was repaid, the conditions precedent to the payment of the placement fee had not occurred.
The Appellee sought payment of the placement fee when the Appellant was acquired a year later, which the Appellant refused on the grounds that the agreement had terminated. Because the agreement states unequivocally that it terminates upon repayment of the underlying loan, making the placement fee provision unenforceable, we reverse the summary judgment award in favor of the Appellee. We hold that, instead, summary judgment should have been entered in favor of the Appellant.
April Amanda Worley v. Richard Thomas Whitaker.
Knox County – Plaintiff sought and obtained an Order of Protection from the trial court against defendant, Subsequently, following an evidentiary hearing, the Court found defendant in contempt of the Order of Protection, and sentenced him to 1830 days in prison. Defendant has appealed to this Court inter alia, seeking a reduction in the sentence. We affirm the Judgment of the trial court, but modify by reducing his sentence to 730 days.
In Re: The Estate of Mary Pauline Stumpe Schorn, Deceased.
Anderson County – In March of 2004, the Trial Court entered an order to probate the Last Will and Testament of Mary Pauline Stumpe Schorn (“Deceased”) and appointed John H. Schorn the Personal Representative of Deceased’s estate (“Personal Representative”).
On April 13, 2010, the trial court entered an order that, inter alia, ordered the Personal Representative to “compile a complete list of where the estate monies are and what has been spent since the last accounting was provided to the beneficiaries …,” within thirty days, and to close and settle the estate within ninety days. The Personal Representative appeals the April 13, 2010 Order to this Court. We hold that the order appealed from is not a final judgment, and, therefore, we lack jurisdiction to consider the appeal. The appeal is dismissed.
Shem Malmquist v. Danielle Malmquist.
Shelby County – This is a divorce case involving a short-term marriage. The husband is a pilot at FedEx and the wife is highly educated. They have two children together. After less than five months of marriage, the husband filed for divorce alleging irreconcilable differences and inappropriate marital conduct.
The wife counter-claimed, and unnecessarily protracted litigation ensued. The parties inundated the trial court with filings over a two-year period, many of which contained alarming but ultimately unproven accusations. After one transfer of the case and the withdrawal of many attorneys, the parties proceeded to trial during which they presented the live testimony of 30 witnesses and introduced 122 exhibits.
The trial court awarded a divorce to both parties on the ground of inappropriate marital conduct, designated the husband as primary residential parent, granted the wife supervised visitation with the children twice a week, awarded the wife half of the 401k benefits the husband accrued during the marriage, and provided the wife transitional alimony for four months. The wife appeals. We affirm.
In the Matter of: Jaleia M.R.
Lawrence County – The trial court terminated the parental rights of both parents of a four year old girl on the ground of abandonment.
The court also found that an additional ground that applied to the father was his failure to legitimate the child, and an additional ground that applied to the mother was her failure to remedy the conditions which led her to lose custody of the child, with little likelihood that those conditions would be remedied in the immediate future. Only the mother appealed.
We reverse.