ESTATE OF GEORGE LAMBERT v. JOHN ARNOLD FITZGERALD - Articles

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ESTATE OF GEORGE LAMBERT v. JOHN ARNOLD FITZGERALD

Posted by: Amelia Ferrell Knisely on Apr 28, 2016

Head Comment: Corrected opinion published April 29.

Court: TN Court of Appeals

Attorneys 1:

Hoyt O. Samples, Chattanooga, Tennessee, for the appellant, Kelly Lambert, Executor of the Estate of George Lambert.

Attorneys 2:

Daniel J. Ripper, Chattanooga, Tennessee, for the appellee, John Arnold Fitzgerald.

Judge(s): SWINEY

George Lambert (?Lambert?) sued John Arnold Fitzgerald (?Fitzgerald?) in connection with money that Lambert gave to Fitzgerald to invest alleging claims for, among other things, fraud, intentional misrepresentation, violation of the Tennessee Securities Act of 1980, and unjust enrichment. After trial and a hearing on a motion to amend, the Chancery Court for Rhea County (?the Trial Court?) entered its order awarding Lambert a judgment against Fitzgerald for $33,840.28 in principal, pre-judgment interest, and attorney‘s fees pursuant to a promissory note, and dismissing Lambert‘s remaining claims. Lambert appeals to this Court raising issues with regard to the dismissal of his claims for fraud, intentional misrepresentation, violation of the Tennessee Securities Act of 1980, and unjust enrichment. We find and hold that Lambert failed to prove an essential element of his claims for fraud, intentional misrepresentation, and violation of the Tennessee Securities Act of 1980, and we affirm the Trial Court‘s judgment, in part, as to those claims. We further find and hold that Lambert did prove his claim against Fritzgerald for unjust enrichment in the amount of $556,567.24, and we reverse the Trial Court‘s judgment with regard to this claim and remand this case to the Trial Court for entry of an additional award to Lambert from Fitzgerald of $556,567.24 for unjust enrichment.

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