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Posted by: Tanja Trezise on Aug 28, 2023

This is a breach of contract action in which the plaintiff staffing agency alleged nonpayment in accordance with the terms of its agreement with the defendant company. The plaintiff sought recovery from the defendant company, its successor company, and individuals involved in the sale of the defendant company to its successor. The trial court awarded judgment in favor of the plaintiff. We affirm.

Posted by: Tanja Trezise on Aug 28, 2023

This is an appeal from the trial court’s denial of a petition for emergency custody and its sua sponte entry of a joint mutual restraining order between the parents involved in a custody dispute. We affirm.

Posted by: Tanja Trezise on Aug 28, 2023

Purchaser of real property at a non-judicial foreclosure sale brought an unlawful detainer action against the original homeowners when they refused to vacate the property after the sale. The homeowners brought a separate action against their mortgage servicer and the purchaser alleging, inter alia, wrongful foreclosure. The trial court dismissed the homeowners’ complaint against the purchaser and granted the purchaser’s motion for summary judgment with regard to the detainer action because there was no genuine issue of material fact as to whether the purchaser was entitled to possession of the property. Finding no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Aug 28, 2023

Appellant filed this action against his local election commission seeking to prevent a candidate from being placed on the ballot of the August 4, 2022 Robertson County election for circuit court clerk. We dismiss this appeal as moot.

Posted by: Tanja Trezise on Aug 28, 2023

This appeal concerns the enforcement of a restrictive covenant. A number of property owners (“Plaintiffs”) in the German Creek Cabin Site Subdivision sued fellow property owner Julia Cris Stevens (“Defendant”) in the Circuit Court for Grainger County (“the Trial Court”) seeking declaratory and injunctive relief. Plaintiffs sought to prevent Defendant from completing a 400 square foot structure on her lot as it would constitute a second dwelling on the original lot in contravention of a restrictive covenant. The Trial Court ruled in Plaintiffs’ favor, ordering Defendant to remove the structure and granting permanent injunctive relief. Defendant appeals. She argues, among other things, that it is inequitable to require her to remove the structure. She also contends that it is not a dwelling. Discerning no reversible error, we affirm the judgment of the Trial Court.

Posted by: Tanja Trezise on Aug 28, 2023

Week of August 21, 2023 - August 25, 2023

Posted by: Stacey Shrader Joslin on Aug 28, 2023

Longtime Memphis lawyer Odell Horton Jr. has been named general counsel and chief legal officer for Memphis-Shelby County Schools, the Tennessee Tribune reports. He replaces Kenneth M. Walker II, who has accepted a position with the Austin, Texas, Independent School District. Horton previously served as assistant attorney general for the state; chancellor for university relations and associate general counsel at the University of Tennessee Health Science Center; vice president and general counsel for Memphis Light, Gas and Water; and a partner with Wyatt, Tarrant & Combs.

Posted by: Stacey Shrader Joslin on Aug 28, 2023

Don Sundquist, a former congressman and two-term Republican governor died Sunday. He was 87. The Tennessean reports that he died at a Memphis hospital following surgery and a short illness. Sundquist moved to Memphis in 1972, and became active in Republican Party politics. He led the National Young Republicans for three years, was an organizer for Sen. Barry Goldwater's presidential campaign, served as a delegate to the 1976 and 1980 Republican National Conventions, and managed the presidential campaign of Sen. Howard Baker. He was elected to the U.S. Congress in 1982 from the Seventh District and served in that role for 12 years. Sundquist was elected as the state’s 47th governor and served from 1995 to 2003. During his tenure, Tennessee saw significant economic development and the arrival of two professional sports franchises. Sundquist focused his efforts on welfare reform, crime reduction and a failed effort to enact a state income tax. After leaving office, he moved to East Tennessee where he founded a lobbying firm and co-founded a barbeque restaurant. Funeral arrangements are pending though Sundquist will lie in state at the Tennessee Capitol before he is laid to rest in Townsend. In lieu of flowers, the family requests donations be made to the Foundation to Eradicate Duchenne.

Posted by: Stacey Shrader Joslin on Aug 28, 2023

National law firm Nelson Mullins Riley & Scarborough plans to relocate its Nashville office to Gulch Union, a new office building at 1222 Demonbreun, the Nashville Business Journal reports. The firm previously was located in downtown’s One Nashville Building at 150 Fourth Ave N. Gulch Union offers 330,000 square feet of office and retail space. Nelson Mullins opened its Nashville office in 2012. Geof Vickers, managing partner of the office, says the move “reinforces the firm’s presence in Nashville" as well as in "Tennessee and the southeastern United States.”

Posted by: Stacey Shrader Joslin on Aug 28, 2023

This Wednesday in Chattanooga, the TBA Family Law Section will host Intersections of Family Law. The program will examine how domestic law intersects with other legal segments to provide a more holistic view to incorporate into practice. Speakers include Chattanooga family law attorney Barry Gold with McWilliams, Gold & Larramore and TBA's Director of Public Policy and Government Affairs Berkley Schwarz. The program will run from 9:00 a.m. to 1:00 p.m. EDT at the Chattanooga office of Baker Donelson.


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