JANET WYNN SNYDER v. FIRST TENNESSEE BANK, N.A. - Articles

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Posted by: Brittany Sims on Jun 24, 2014

Court: TN Court of Appeals

Attorneys 1:

Mark E. Brown, Knoxville, Tennessee, for the appellant, Janet Wynn Snyder.

Attorneys 2:

J. Michael Winchester, Knoxville, Tennessee, for the appellee, First Tennessee Bank, N.A.

Judge(s): SWINEY

This appeal concerns a breach of contract claim brought for an alleged wrongful acceleration of a note in default, a cause of action currently unrecognized in Tennessee law. Janet Wynn Snyder (“Snyder”) sued First Tennessee Bank (“the Bank”) in the Chancery Court for Knox County (“the Trial Court”). Snyder alleged that the Bank abused its discretion in accelerating her debt when it knew that it held funds of Snyder’s in a trust sufficient to cover her debt to the Bank. The Bank filed a motion to dismiss under Tenn. R. Civ. P. 12.02(6), which the Trial Court granted. Snyder appeals. We hold that this claimed wrongful acceleration is not an existing cause of action in this state, and we decline the invitation to create such a cause of action. We affirm the judgment of the Trial Court.

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