WISE NORTH SHORE PROPERTIES, LLC v. 3 DAUGHTERS MEDIA, INC., ET AL. - Articles

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Posted by: Tanja Trezise on Jun 23, 2014

Court: TN Court of Appeals

Attorneys 1:

Susie Lodico and McKinley S. Lundy, Jr., Chattanooga, Tennessee, for the appellant, Wise North Shore Properties, LLC.

Attorneys 2:

Timothy L. Mickel, Chattanooga, Tennessee, for the appellee, Gary E. Burns.

Judge(s): SWINEY

Wise North Shore Properties, LLC (“Plaintiff”) appeals the order of the Chancery Court for Hamilton County (“the Trial Court”) dismissing Plaintiff’s claims against Gary E. Burns. We find and hold as a matter of law that Mr. Burns executed the contract at issue in this case both in his capacity as CEO of 3 Daughters Media, Inc. and in his individual capacity personally guaranteeing the contract. We, therefore, reverse the Trial Court’s June 18, 2013 order dismissing Plaintiff’s claims against Mr. Burns.