GATLINBURG ROADHOUSE INVESTORS, LLC., v. CHARLYNN MAXWELL PORTER, et al. - Articles

All Content


Posted by: Tanja Trezise on Dec 20, 2012

Court: TN Court of Appeals

Attorneys 1:

Howard B. Jackson, Knoxville, Tennessee, for the appellant, Gatlinburg Roadhouse Investors, LLC.

Attorneys 2:

Kevin C. Stevens and Briton S. Collins, Knoxville, Tennessee, for the appellee, Charlynn Maxwell Porter.

Judge(s): FRANKS

In this action plaintiff charged defendant had breached the contract between them and sought specific performance. The Trial Court held the contracts were ambiguous and construed them in accordance with the actions the parties took in regard to the contracts. The Trial Court ruled in favor of the defendant and dismissed the Complaint, but refused to award the prevailing party attorney's fees as was required in the parties' contract. On appeal, we affirm the Trial Court's Judgment, but modify and remand, with instructions to the Trial Court to award the prevailing party her attorney's fees.

Attachments: