F.W. WHITE & ASSOCIATES, LLC, ET AL. v. JOHN R. CHILTON, ET AL. - Articles

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F.W. WHITE & ASSOCIATES, LLC, ET AL. v. JOHN R. CHILTON, ET AL.

Posted by: Tanja Trezise on Jul 3, 2024

Court: TN Court of Appeals

Attorneys 1: Gregory Brown and G. Alan Rawls, Knoxville, Tennessee, for the appellants, John R. Chilton, Centennial Village Apartments, LLC, and Centennial Village Development, LLC.

Attorneys 2: Matthew A. Grossman and Rebekah P. Harbin, Knoxville, Tennessee, for the appellees, F.W. White & Associates, LLC, and Fenton W. White, Jr.

Attorneys 3: W. Morris Kizer, Knoxville, Tennessee, for the appellee, Gregory Pratt.

Judge(s): SWINEY

This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial Village Apartments, LLC, and Centennial Village Development, LLC (“Appellants,” collectively) in the Chancery Court for Anderson County (“the Trial Court”) for breach of contract and quantum meruit. Appellants, in turn, sued Appellees for slander of title based on Appellees’ having recorded a document asserting an interest in the real property at issue. Appellants also sued FWA’s attorney Gregory Pratt (“Pratt”), who recorded the document. The Trial Court granted summary judgment to Pratt based on the litigation privilege. Following a bench trial, the Trial Court awarded FWA judgment against Appellants in the amount of $125,000.00 for money owed under a May 2008 consulting agreement (“the 2008 Agreement”). Regarding Appellants’ slander of title claim, the Trial Court found that White believed he was owed money and did not act maliciously. Appellants raise several issues on appeal. Meanwhile, Appellees contend that the Trial Court erred in declining to award FWA its attorney’s fees and costs under the 2008 Agreement. We affirm the Trial Court. On remand, the Trial Court is to determine and award to FWA its reasonable attorney’s fees and costs incurred on appeal related to the enforcement of the 2008 Agreement.

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