PRIMARY RESIDENTIAL MORTGAGE, INC. v. SHERI BAKER ET AL. - Articles

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PRIMARY RESIDENTIAL MORTGAGE, INC. v. SHERI BAKER ET AL.

Posted by: Karen Belcher on Jul 23, 2018

Court: TN Court of Appeals

Attorneys 1:

Sheri Baker and Deryl Baker, Nashville, Tennessee, appellants, pro se.

Attorneys 2:

James A. DeLanis and Macy R. Climo, Nashville, Tennessee, for the appellee, Primary Residential Mortgage, Inc.

Judge(s): MCBRAYER

Plaintiff sued a defendant for filing an unauthorized financing statement. Defendant filed a motion to dismiss and later a motion to disqualify the judge, both of which were denied. The court also ordered Defendant to file an answer. When Defendant failed to comply, the court granted Plaintiff’s motion for a default judgment. Defendant’s husband intervened shortly thereafter, claiming that he filed the financing statement. Defendant’s husband likewise filed a motion to dismiss and a later motion to disqualify. The court denied both motions and ordered husband to file an answer. When Husband failed to do so, the court granted Plaintiff’s motion for a default judgment against Husband. Husband filed a motion to set aside the default judgment, which was denied. This appeal followed. We affirm. Deeming this appeal frivolous, we award Plaintiff attorney’s fees incurred on appeal.

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