PAUL LEBEL v. CWS MARKETING GROUP, INC. - Articles

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PAUL LEBEL v. CWS MARKETING GROUP, INC.

Posted by: Tanja Trezise on Aug 31, 2023

Court: TN Court of Appeals

Attorneys 1: Troy L. Bowlin, II, and Brett Arthur Cole, Knoxville, Tennessee, for the appellant, CWS Marketing Group, Inc.

Attorneys 2: T. Dillon Parker and Denise S. Terry, Morristown, Tennessee, for the appellee, Paul LeBel.

Judge(s): MCCLARTY

The plaintiff purchased a home at an auction. The home was sold “as is.” The plaintiff sued the defendant marketing firm which had advertised the property for auction, alleging that it had actual knowledge of mold issues but did not disclose them to bidders, and that it misrepresented the acreage of the real property. The plaintiff’s claims for breach of contract, fraudulent concealment, and reckless misrepresentation proceeded to a jury trial. The defendant moved for a directed verdict at the close of the plaintiff’s proof, which the court denied, but did not renew its motion for a directed verdict at the close of all the proof. After the jury returned a verdict for the plaintiff, the defendant did not file a post-trial motion seeking a new trial. On appeal, we conclude that the defendant waived its right to contest the trial court’s denial of its motion for a directed verdict by failing to file a motion asking for a new trial as required by Tennessee Rule of Appellate Procedure 3(e). We further conclude that the defendant waived appellate review of whether the evidence was sufficient to support the jury’s verdict on the fraudulent concealment, breach of contract, and reckless misrepresentation claims by failing to renew its motion for a directed verdict at the close of all proof in the jury trial. We grant the plaintiff’s request for reasonable attorney fees pursuant to Tennessee Code Annotated section 27-1-122.

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