JOHN STALNAKER, JR. v. CAROLE CUPP - Articles

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JOHN STALNAKER, JR. v. CAROLE CUPP

Posted by: Karen Belcher on Jun 18, 2024

Court: TN Court of Appeals

Attorneys 1: Mark T. Freeman and Kristen Jade Johnson, Nashville, Tennessee, for the appellant, John Stalnaker, Jr.

Attorneys 2: Patricia R. Young, Franklin, Tennessee, for the appellee, Carole L. Cupp.

Judge(s): BENNETT

The beneficiary of a trust sued the trustee, who also served as the executor of the estate of the beneficiary’s stepmother, for various claims, including breach of fiduciary duty and conversion. The trustee moved to dismiss the petition pursuant to Tenn. R. Civ. P. 12.02(6), and the trial court granted the motion after concluding that the breach of fiduciary duty claim was time-barred and that the petition failed to allege facts sufficient to establish a claim for conversion. Discerning no error, we affirm the trial court’s decision.

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