BUILDERS FIRSTSOURCE, INC. ET AL. v. AXIS DYNAMICS, INC. ET AL. - Articles

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BUILDERS FIRSTSOURCE, INC. ET AL. v. AXIS DYNAMICS, INC. ET AL.

Posted by: Azya Thornton on Feb 21, 2025

Court: TN Court of Appeals

Attorneys 1: Van R. Irion, Knoxville, Tennessee, for the appellant, Russell L. Egli.

Attorneys 2: Frederick L. Conrad, Jr., Knoxville, Tennessee, for the appellee, Builders FirstSource, Inc.

Judge(s): ARMSTRONG

Appellant, as personal guarantor for a third party, signed a credit agreement with appellee. After obtaining a default judgment against the third party in a separate lawsuit, appellee filed suit in the general sessions court to collect the judgment from appellant as the third party’s guarantor. Appellee obtained a default judgment against appellant, and appellant appealed to the circuit court. Appellant did not respond to appellee’s request for admissions. Appellee moved for summary judgment, arguing that appellant’s failure to respond to the request for admissions deemed them admitted and the admissions provided the basis for the undisputed material facts in support of the motion. Appellant failed to respond to the motion for summary judgment, and the trial court granted it. Appellant appeals. Discerning no error, we affirm the trial court’s grant of summary judgment, and award appellee damages for frivolous appeal, including appellate attorney’s fees.

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