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Posted by: Stacey Shrader Joslin on Jul 11, 2024

Georgia lawyer Lauren Catherine Foster was reinstated to the practice of law in Tennessee effective June 25. Foster had been on inactive status since May 10, 2016. The Board of Professional Responsibility reported that it found the petition for reinstatement to be satisfactory. The Tennessee Supreme Court issued the order on July 10.

Posted by: Stacey Shrader Joslin on Jul 11, 2024

The Daily Memphian looks at three races that will be on the ballot for Aug. 1 primary in Shelby County. In state House District 96, five Democratic candidates will face off. They are Eric Dunn, Telisa Franklin, Gabby Salinas, Orrden Williams and David Winston. In House District 97, Republican incumbent John Gillespie faces a primary challenge from Christina Oppenhuizen. And in state Senate District 30, incumbent Sen. Sara Kyle faces a Democratic primary challenge from Erika Stotts Pearson. Read more about each of the races from the paper.

Posted by: Stacey Shrader Joslin on Jul 11, 2024

The State of Tennessee’s annual sales tax holiday weekend will take place July 26-28, the Department of Revenue reports. On these days, Tennesseans may save nearly 10% on qualifying clothing and school supplies under $100 and computers priced $1,500 or less. Read more in a release. For more information about the sales tax holiday, including a list of qualifying items, visit www.tntaxholiday.com, call 615-253-0600 or email revenue.support@tn.gov.

Posted by: Azya Thornton on Jul 11, 2024

In this case, plaintiffs alleged defendants committed fraud in connection with their property rights. After a jury trial, plaintiffs moved for a new trial asking the trial court to fulfill its role as thirteenth juror. The trial court denied the motion, and the Court of Appeals reversed upon finding the trial court misconceived its role as thirteenth juror. When a trial court misconceives its role as thirteenth juror or applies an incorrect standard, remand for a new trial historically has been the only remedy available under common law. In this appeal, we consider whether our law should allow the alternative remedy of remand for the trial court to fulfill its role as thirteenth juror under Tennessee Rule of Civil Procedure 59.06. We hold that remand for the trial court to fulfill its role as thirteenth juror is an appropriate remedy when a civil trial court misconceives that role or applies an incorrect standard. We further hold that the lower courts erred in finding that a claim for unjust enrichment requires a voluntary conferral of a benefit. Finally, we hold that our law does not recognize a claim for misappropriation or conversion of a right of redemption. We affirm in part and reverse in part the decision of the Court of Appeals, and remand for proceedings consistent with this opinion.

Posted by: Stacey Shrader Joslin on Jul 11, 2024

The University of Tennessee College of Law has named Jordan Houser as associate director of the Bettye B. Lewis Career Center. Houser, who graduated from the law school in 2017, previously practiced in the Knoxville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, where he served on the recruiting committee, and as a staff attorney with the Tennessee Valley Authority Office of the General Counsel. He also previously served as director of career services and alumni relations at Lincoln Memorial University Duncan School of Law. Career Center Director Carol Anne Long said, “Jordan brings with him a wealth of experience in working with both students and employers, and we are delighted to welcome him to our team.”

Posted by: Azya Thornton on Jul 11, 2024

This case involves questions of zoning of non-residential real property located in a residential zoning district in Memphis. The genesis of the present dispute is specifically traceable to the Memphis and Shelby County Division of Planning and Development’s issuance of a zoning letter, wherein it was stated that use of the property at issue in this matter as a “Philanthropic Institution with Offices and Clinic” is a use permitted in accordance with a prior 2017 variance from zoning. The appellants herein, who own a home near the subject property, took umbrage with the zoning letter and appealed to the Memphis and Shelby County Board of Adjustment. When the Board of Adjustment rejected the appeal, thereby upholding the zoning letter, the appellants filed a petition for a writ of certiorari in Chancery Court. The Chancery Court ultimately upheld the action of the Board of Adjustment, following which the present appeal ensued. For the reasons stated herein, we reverse the Chancery Court’s decision to affirm the decision of the Board of Adjustment and remand for the entry of an order reversing the decision of the Board of Adjustment.

Posted by: Azya Thornton on Jul 11, 2024

Defendants appeal from a trial court judgment finding the defendants in civil contempt of a bond order securing a judgment against those defendants and others. Because the underlying judgment on which the contempt finding is based has since been vacated by this Court, the contempt finding is also vacated.

Posted by: Azya Thornton on Jul 11, 2024

This appeal concerns setting aside a default judgment in a divorce case. Tina Marie Eltzroth (“Wife”) filed for divorce in the Circuit Court for Sevier County (“the Trial Court”) against Danny Ray Eltzroth (“Husband”). Husband was served but failed to timely answer. Wife filed a motion for default and notice of hearing. Husband, who was staying at multiple places during this time, failed to appear for the hearing. The Trial Court granted Wife a default judgment. Husband later filed a motion to set aside, which the Trial Court granted. Wife appeals. We find no abuse of discretion in the Trial Court’s granting of Husband’s motion to set aside the default judgment. We affirm.

Posted by: Azya Thornton on Jul 11, 2024

This is an appeal from a bench trial wherein the trial court found that the defendant had materially breached a contract for the sale of real property by failing to complete the sale. The trial court further found that although the plaintiff had also breached the contract by failing to provide sufficient proof of funds within the contractual time frame, such breach was not material and the defendant was still obligated to perform his contractual duties. The trial court entered an order directing the defendant’s specific performance of the contract and awarding to the plaintiff reasonable attorney’s fees and costs, as provided for in the parties’ contract. The defendant has appealed. Discerning no reversible error, we affirm the trial court’s judgment. Pursuant to the parties’ contract, we grant the plaintiff’s request for reasonable attorney’s fees on appeal. We remand the case to the trial court for enforcement of the contract and for a determination of the plaintiff’s reasonable attorney’s fees and costs incurred on appeal.

Posted by: Stacey Shrader Joslin on Jul 11, 2024

Voters in Knox County will choose a criminal court judge and law director on Aug. 1. Judge Hector Sanchez is running unopposed for a second term as Division II criminal court judge. He was appointed in 2022 to serve the remainder of former Judge Kyle Hixon's term. In the race for county law director, attorney Jackson Fenner is challenging incumbent David Buuck. Read more about the candidates from Knox News.


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