731 REAL ESTATE GROUP, LLC D/B/A TOWN & COUNTRY REALTORS v. JOSEPH T. FUZZELL - Articles

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Posted by: Azya Thornton on Oct 22, 2025

Court: TN Court of Appeals

Attorneys 1: Cory Hancock, Jackson, Tennessee, for the appellant, Joseph T. Fuzzell.

Attorneys 2: Adam C. Crider and Craig P. Sanders, Jackson, Tennessee, for the appellee, 731 Real Estate Group, LLC d/b/a Town & Country Realtors.

Judge(s): ARMSTRONG

Appellant, homeowner, appeals the trial court’s grant of Appellee, real estate company’s, motion for summary judgment on its breach of contract claim arising from Appellant and Appellee’s contract for the sale of Appellant’s property. After the expiration of the initial period of the listing agreement, Appellant transferred the property by quitclaim deed to himself and another party. Appellee sought compensation under the contract. Appellant failed to respond to Appellee’s requests for admissions, and the trial court deemed the requests for admissions admitted. Appellant also failed to respond to Appellee’s motion for summary judgment, and Appellee’s statement of material facts for purposes of summary judgment was undisputed. Despite the admitted facts, the trial court erred in finding that Appellant breached the plain language of the contract. Because Appellee was not entitled to summary judgment as a matter of law, we reverse and remand.

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