TN Court of Appeals

KATHLEEN BARRETT ET AL.1 v. OCOEE LAND HOLDINGS, LLC ET AL.

The issues in this case bring into sharp focus the question of whether or not the successful litigants below are entitled contractually to an award of attorney‟s fees and expenses against the losing side, i.e. the plaintiffs. This litigation began in 2010 when Kathleen Barrett and her husband, Gerald Barrett, filed suit against three LLCs2 and three individuals. The gravamen of the complaint is related to the purchase of, and the planned construction of a house on, a lot in a subdivision.

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Attorney 1: 

Stephen Scott Duggins, Chattanooga, Tennessee, for the appellant, Louis F. Lentine.

Attorney 2: 

John P. Konvalinka and Thomas M. Gautreaux, Chattanooga, Tennessee, for the appellants, Ocoee Land Holdings, LLC, Ocoee Mountain Homes, LLC, Paul Fetzner, and Glen Fetzner.

Everett B. Gibson, Memphis, Tennessee, for the appellees, Gerald Barrett and Kathleen Barrett.

Judge: 
SUSANO

SIMA ARYAN v. NICOLAS ARYAN

Former husband filed a post-divorce petition seeking to hold former wife in contempt for her failure to pay and hold former husband harmless for indebtedness on the marital residence as required by the parties‟ marital dissolution agreement. The trial court held former wife in contempt for her failure to pay, granted former husband a judgment of $2010.00 for the amount he paid in an attempt to keep the debt current, ordered former wife to sell the marital residence, and awarded former husband attorney‟s fees.

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Attorney 1: 

D. Scott Parsley, Michael K. Parsley, and Joshua G. Strickland, Nashville, Tennessee, for the appellant, Sima Aryan.

Attorney 2: 

Raquel A. Abel, Franklin, Tennessee, for the appellee, Nicolas Aryan.

Judge: 
BENNETT

NANCY F. BROWN v. NANCY MERCER-DEFRIESE ET AL.

Nancy F. Brown (Plaintiff) was walking through and contemplating the rental of a house owned by Nancy Mercer-Defriese and Spencer Defriese (Defendants) when she tripped over a three-inch threshold or step in the doorway between two rooms. She brought this premises liability action, alleging the step was an unreasonably dangerous and defective condition that caused her fall and resulting injuries. During the jury trial that followed, Plaintiff and Defendants presented the testimony of experts.

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Attorney 1: 

Marvin B. Berke and Charles A. Flynn, Chattanooga, Tennessee, for the appellant, Nancy F. Brown.

Attorney 2: 

W. Gerald Tidwell, W. Adam Izell, and Todd A. Davis, Chattanooga, Tennessee, for the appellees, Nancy Mercer-Defriese and Spencer Defriese.

Judge: 
SUSANO

IN RE: ESTATE OF DENNIE LAMAR TRENT

Barry Trent, the Executor of the Estate of Dennie Lamar Trent, appeals the order of the Chancery Court for Hawkins County (“the Trial Court”) finding and holding that the claim against the estate filed by Brenda Jefferson for an unpaid $50,000 debt as evidenced by a note is valid. We find and hold that the evidence does not preponderate against the Trial Court‟s findings, and we affirm.

Attorney 1: 

Phillip L. Boyd, Rogersville, Tennessee, for the appellant, Barry Trent, Executor of the Estate of Dennie Lamar Trent.

Attorney 2: 

Wayne Stambaugh, Morristown, Tennessee, for the appellee, Brenda Jefferson.

Judge: 
SWINEY

DOROTHY HARRIS v. YOLANDA CHAFFEN, ET AL.

Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction.

Attorney 1: 

Yolanda Chaffen, appellant pro se.

Attorney 2: 

Daniel J. Mickiewicz, Collierville, Tennessee, for the appellee, Dorothy Harris.

Judge: 
STAFFORD

GARY FINLEY v. MARSHALL COUNTY, ET AL.

Property owner sought recognition that his property had a nonconforming use as a rock quarry. We have determined that the property owner‘s previous appeal before the board of zoning appeals, for which he did not file a petition for writ of certiorari in chancery court, is res judicata as to the present matter.

Attorney 1: 

John Cordwell, II, Nashville, Tennessee, for the appellant, Gary Finley.

Attorney 2: 

Barbara G. Medley, Lewisburg, Tennessee, for the appellee, Marshall County, Tennessee.

Judge: 
BENNETT

CHRISTOPHER A. PENDOLA, MD, PC, ET. AL. v. ASSOCIATED NEUROLOGISTS OF KINGSPORT, ET. AL.

This is a breach of contract action in which the plaintiff filed suit after the practice refused to honor the buyout provision in the partnership agreement. The practice filed a counter-complaint, arguing that the plaintiff was liable for his share of the partnership‟s outstanding financial obligations. Following a bench trial, the court ordered the practice to remit payment. The practice appeals. We affirm.

Attorney 1: 

Rick J. Bearfield, Johnson City, Tennessee, for the appellant, Associated Neurologists of Kingsport.

Attorney 2: 

Weldon A. Patterson, Knoxville, Tennessee, for the appellee, Christopher A. Pendola, MD, individually and doing business as Christopher A. Pendola, MD, PC.

Judge: 
MCCLARTY

ROBIN G. JONES ET AL. v. BRADLEY COUNTY, TENNESSEE ET AL.

This is a governmental tort liability action against Bradley County Fire Rescue and Bradley County (collectively Bradley County) arising out of a motor vehicle accident at a large intersection in Cleveland, Tennessee. Fire Rescue employee Matthew Mundall, responding to an emergency call in a Ford F-250 truck equipped with siren and emergency lights, began making a left turn against the red light after stopping or slowing in an attempt to make sure the oncoming traffic lanes were clear. Plaintiff Robin G.

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Attorney 1: 

Thomas E. LeQuire and Michael A. Kent, Chattanooga, Tennessee, for appellants, Bradley County, Tennessee, and Bradley County Fire Rescue.

Attorney 2: 

Flossie Weill, Chattanooga, Tennessee, for appellees, Robin G. Jones and Jack L. Lane.

Judge: 
SUSANO

CARDINAL HEALTH 108, INC., ET. AL. v. EAST TENNESSEE HEMATOLOGY-ONCOLOGY ASSOCIATES, P.C., ET. AL.

This is a breach of contract action in which the trial court granted summary judgment to a creditor against defendant doctors. We affirm the grant of summary judgment.

Attorney 1: 

Thomas C. Jessee, Johnson City, Tennessee, for the appellant, M. Ray Lamb, MD.

Attorney 2: 

James E. Moon, Fort Myers, Florida, for the appellant, William R. Kincaid, MD.

Margaret Burns Fugate, Johnson City, Tennessee, for the appellant, Charles O. Famoyin, MD.

Rick J. Bearfield, Johnson City, Tennessee, for the appellees, Cardinal Health 108, Incorporated and Cardinal Health 200, LLC.

Judge: 
MCCLARTY

DORIS ANNETTE CHRISTENBERRY v. J.G. CHRISTENBERRY ET AL.

This appeal involves parties who were married for thirty-six years prior to divorcing in 2004. The wife claims that she received a judgment against the husband pursuant to their divorce entitling her to the sum of $24,000. The wife insists that because this judgment was never paid by the husband, she filed a lien against real property that was awarded to him in the divorce. Upon learning that the real property in question was scheduled to be sold at auction, the wife filed the instant action, seeking to stop the auction and enforce her lien.

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Attorney 1: 

Doris Annette Christenberry, Seymour, Tennessee, Pro Se.

Attorney 2: 

John D. Lockridge and Michael J. Bock, Knoxville, Tennessee, for the appellee, J.G. Christenberry.

Judge: 
FRIERSON