TENNISON BROTHERS, INC. V. WILLIAM H. THOMAS, JR. - Articles

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TENNISON BROTHERS, INC. V. WILLIAM H. THOMAS, JR.

Posted by: Tanja Trezise on Aug 6, 2014

Court: TN Court of Appeals

Attorneys 1:

Kathy Baker Tennison and Stuart B. Breakstone, Memphis, Tennessee, for the appellant, Tennison Brothers, Inc.

Attorneys 2:

Gary E. Veazey, Memphis, Tennessee, for the appellee, William Thomas, Jr.

Robert L. J. Spence, Jr., Memphis, Tennessee, for the appellee, Clear Channel Outdoor, Inc.

Judge(s): STAFFORD

After a default judgment was entered against Appellee and in favor of Appellants on claims of intentional interference with business relationships, common law and statutory inducement to breach a contract and intentional interference with a contract, and breach of contract, a writ of inquiry hearing was held to determine the appropriate amount of damages to which the Appellants were entitled. Therein, the trial court went outside the pleadings to consider the issue of liability. We conclude that the trial court erred in considering the issue of liability because the well-pled facts contained in the Appellants’ respective complaints were dispositive on that question upon the grant of default judgment. Our review of the complaints leads us to conclude that the Appellants have set forth sufficient facts to prove the prima facie elements of their causes of action. Accordingly, Appellants are entitled to damages, and the trial court erred in denying them. Therefore, we reverse the trial court’s order, and remand for a determination of damages. Reversed and remanded.

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