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Posted by: Brittany Sims on Sep 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Dale J. Montpelier and Stephen K. Perry, Knoxville, Tennessee, for the appellants, Landview Construction, LLC, and Winston D. Cox.

Attorneys 2:

Walter N. Winchester and Joshua R. Holden, Knoxville, Tennessee, for the appellee, Firstbank.

Judge(s): SWINEY

Firstbank (“Plaintiff”) sued Landview Construction, LLC, Winston D. Cox (“Defendants”), and Beverly Linkous1 with regard to promissory notes secured by deeds of trust on three parcels of real property located in Knoxville, Tennessee. The parties attempted to enter into stipulations in lieu of presenting testimony at trial and informed the Trial Judge of these purported stipulations. After what passed as the trial, the Trial Court entered its Final Judgment finding and holding, inter alia, that Plaintiff be awarded a judgment in the amount of $149,192.22 against defendants Landview Construction, LLC and Winston D. Cox jointly and severally. Defendants appeal to this Court alleging that the Trial Court misconstrued the stipulations and as a result erred in the amount of the judgment. We find and hold that the purported stipulations were insufficient to show that the parties reached any agreement as to the stipulations. We, therefore, vacate the Trial Court’s judgment and remand this case for a new trial.