MARK HAWKS and DESIGN CONSULTANTS, INC. v. CD DEVELOPMENT, LLC and CHRIS DAVIS - Articles

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Posted by: Tanja Trezise on Sep 25, 2013

Court: TN Court of Appeals

Attorneys 1:

Andrea Sipes Lester, Jackson, Tennessee, for the Defendant/Appellants, Chris Davis and/or CD Development, LLC

Attorneys 2:

Lanis L. Karnes and Christopher G. Covellis, Jackson, Tennessee, for the Plaintiff/Appellees, Mark Hawks and Design Consultants, Inc.

Judge(s): KIRBY

This appeal involves the tolling of the statute of limitations for a breach of contract. The plaintiff architect rendered services to the defendant real estate developer, and the developer failed to pay for the architect’s services. Approximately four years later, the architect recorded a lien against the real property to secure the indebtedness. The developer then promised the architect he would pay the indebtedness if the architect released the lien. The architect released the lien but still was not paid. Approximately four years after that, the architect filed this lawsuit against the developer to collect the debt. The developer asserted that the architect’s claim was barred by the six-year statute of limitations. After a trial, the trial court held that the statute of limitations was tolled under the doctrine of equitable estoppel, so the architect’s lawsuit was timely filed. The trial court entered a judgment in favor of the architect. The developer appeals only on the issue of whether the claim was time-barred. Discerning no error, we affirm.

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