APRIL HAWTHORNE v. MORGAN & MORGAN NASHVILLE, PLLC, ET AL. - Articles

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APRIL HAWTHORNE v. MORGAN & MORGAN NASHVILLE, PLLC, ET AL.

Posted by: Karen Belcher on Sep 19, 2022

Court: TN Court of Appeals

Attorneys 1: Darrell G. Townsend, Nashville, Tennessee, for the appellees, Kathryn Elaine Barnett, Morgan & Morgan Nashville, PLLC, Morgan & Morgan Nashville Management, Inc., John Bryan Morgan, and Morgan & Morgan, P.A.

Attorneys 2: Robert A. Cox, Memphis, Tennessee, for the appellees, Frank Lee Watson, III, William F. Burns, and Watson Burns, PLLC.

Attorneys 3: Marty R. Phillps and Dale Conder, Jr., Jackson, Tennessee, for the appellees, The Cochran Firm Memphis, Samuel Cherry, Jr., and Howard B. Manis.

Attorneys 4: James Edward Blount, IV, Collierville, Tennessee, for the appellee, Blount Law Firm, PLLC.

Attorneys 5: Lauren Paxton Roberts and Ashley Goins Alderson, Nashville, Tennessee, for the appellee, Nahon, Saharovich & Trotz, PLC.

Attorneys 6: James Andrews, Knoxville, Tennessee, Pro se.

Judge(s): GOLDIN

This is an appeal following the trial court’s dismissal of a legal malpractice complaint predicated upon actions allegedly taken by the Defendants in connection with a prior class action proceeding. In light of its dismissal of the Plaintiff’s complaint, the trial court ruled that a “derivative” third-party complaint asserted by the Defendants should also be dismissed. Whereas the Plaintiff challenges the dismissal of her complaint, the Defendants submit that, if the order dismissing the Plaintiff’s complaint is reversed, the order dismissing their third-party complaint should also be reversed. For the reasons stated herein, we reverse, in part, the dismissal of the Plaintiff’s claims, reverse the dismissal of the third-party complaint, and remand for further proceedings.

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