Opinion FlashAugust 5, 2004
Volume 10 Number 150
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
GWINN FAYNE, ET AL. v. TERESA VINCENT, ET AL. Court:TCA Attorneys: Michael A. Anderson, Chattanooga, Tennessee, attorney for appellants, Gwinn Fayne and Alfred Fayne. D. Mitchell Bryant, Cleveland, Tennessee, attorney for appellees, Teresa Vincent and David Vincent. David P. Hawley, Chattanooga, Tennessee, attorney for appellee, Re/Max Real Estate Professionals. Judge: CATE First Paragraph: Purchasers of real property sued sellers and real estate company seeking rescission for tortious misrepresentation and violation of the Tennessee Consumer Protection Act. The trial court rescinded the transaction and dismissed the real estate company on the basis that the salesperson was an independent contractor. Purchasers appealed asserting: (1) the salesperson was an agent rather than independent contractor; (2) the trial court did not place the purchasers in the position in which they would have been since the transaction was rescinded; and (3) the purchasers should have been awarded their attorney's fees. We agree with the trial court that the salesperson was an independent contractor, but modify and remand for further proceeding (1) relative to placing the parties in the position in which they would have been had there been no transaction and (2) concerning the allowance of purchasers' attorney's fees. http://www.tba.org/tba_files/TCA/faynegwinn.wpd
JON E. SHELL, ET AL. v. D. SCOTT KING Court:TCA Attorneys: Charles W. Kite, Sevierville, Tennessee, for the Appellant D. Scott King. James H. Ripley, Sevierville, Tennessee, for the Appellees Jon E. Shell and Rebecca Shell. Judge: SWINEY First Paragraph: Jon and Rebecca Shell ("Plaintiffs") sued D. Scott King ("King") after a limited liability company formed by the three of them went out of business. Plaintiffs sought dissolution of the company known as The Big Red Barn, LLC ("the Company" or "the LLC"). Plaintiffs also claimed King had breached his fiduciary obligations to both them and the LLC. The Trial Court referred this case to a Special Master and after a trial, the Special Master issued a Report concluding King was negligent and had breached his fiduciary obligations and recommending that Plaintiffs be awarded a judgment which included some, but not all, of Plaintiffs' attorney fees and expert witness fees. The Trial Court confirmed the Report of the Special Master in all respects. We modify the judgment of the Trial Court and affirm as modified. http://www.tba.org/tba_files/TCA/shellje.wpd
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