JAMES G. AKERS v. GREGORY FUNDING, LLC ET AL. - Articles

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JAMES G. AKERS v. GREGORY FUNDING, LLC ET AL.

Posted by: Karen Belcher on Nov 30, 2021

Court: TN Court of Appeals

Attorneys 1: James G. Akers, Nashville, Tennessee, pro se appellant.

Attorneys 2: Denis Graham Waldron, Nashville, Tennessee, for the appellee, Gregory Funding, LLC.

Attorneys 3: Donald N. Capparella, Nashville, Tennessee, and Allison M. Stewart, Dallas, Texas, for the appellees, FV-I, Inc., Morgan Stanley Mortgage Capital Holdings, LLC, and Saxon Mortgage Services, Inc.

Attorneys 4: N. Houston Parks, Columbia, Tennessee, for the appellee, PNC Financial Services Group, Inc.

Attorneys 5: Lauren Paxton Roberts, Nashville, Tennessee, for the appellee, Bank of America, NA.

Attorneys 6: John R. Roan and Sharon Fewell, Chattanooga, Tennessee, for the appellees, Radian Clayton Services, LLC, and Dyck-O’Neal, Inc.

Attorneys 7: Marshall Todd Jackson, Franklin, Tennessee, and Steven G. Fuller, Goodlettsville, Tennessee, for the appellee, Wheelhouse Partners, LLC.

Judge(s): MCBRAYER

A homeowner sued to stop a foreclosure on his home. Most of the defendants filed motions to dismiss, which the trial court orally granted. But before written orders of dismissal could be entered, the homeowner filed a notice of voluntary dismissal. The court then entered an order of voluntary dismissal without prejudice, as well as the orders of dismissal with prejudice. Claiming that the orders were inconsistent, the homeowner filed a post- judgment motion for reconciliation of conflicting orders. The court clarified that the order granting the voluntary dismissal without prejudice only applied to claims against defendants that did not file motions to dismiss. But the dismissals with prejudice applied to claims against defendants that did file such motions. Finding no error, we affirm.

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