DERECK CRUZ LEGENS v. BOBBY LECORNU, ET AL. - Articles

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DERECK CRUZ LEGENS v. BOBBY LECORNU, ET AL.

Posted by: Tanja Trezise on Jun 26, 2014

Head Comment: With concurring opinion.

Court: TN Court of Appeals

Attorneys 1:

James T. Powell, Union City, Tennessee, for the appellant, Bobby Lecornu, et al

Attorneys 2:

James H. Bradberry, Dresden, Tennessee, for the appellee, Dereck Cruz Legens

Judge(s): HIGHERS

This is an appeal from a bench trial in a suit over the sale of a used vehicle. The trial court originally ruled in favor of the seller-defendants, finding that the plaintiff-buyer failed to meet his burden of proving fraud or misrepresentation in the sale of the vehicle. The court found that defendant-sellers had violated one subsection of the Tennessee Consumer Protection Act, but that plaintiff-buyer had failed to prove any actual damages, so the trial court dismissed the complaint. Upon considering the plaintiff-buyer’s motion to alter or amend, the trial court changed its original decision and found that the defendant-sellers had engaged in fraud, and the court rescinded the sale of the vehicle. Upon considering plaintiffbuyer’s second motion to alter or amend, the trial court clarified its ruling and awarded attorney’s fees to the plaintiff-buyer. Both parties appeal. For the following reasons, we reverse the trial court’s decision, reinstate its original ruling, and remand for further proceedings consistent with this opinion.

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