FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. SHELBY VILLAGE MOBILE HOME PARK, LLC, ET AL. - Articles

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Posted by: Tanja Trezise on Aug 27, 2014

Court: TN Court of Appeals

Attorneys 1:

W. Kennerly Burger, Murfreesboro, Tennessee, for the appellant, Thomas E. Moorhead and Robert S. Moore.

Attorneys 2:

Dominic J. Leonardo, Nashville, Tennessee, for the appellees, Joseph Claybon, Barbara Claybon, David W. Vandenbergh, and Heather Vandenbergh.

Thomas W. Lawless, Nashville, Tennessee and Frank H. Reeves, Lebanon, Tennessee, for the appellee, First Tennessee Bank National Association.

Judge(s): JACKSON

This appeal arises from the trial court’s grant of summary judgment and imposition of discovery sanctions. A bank sued holders of an assumption agreement for default, and the holders of the assumption agreement filed a counter-claim against the bank requesting rescission of the assumption agreement due to the bank’s alleged negligent misrepresentation of the existence of flood insurance on the property as well as a misrepresentation regarding the value of the property. The trial court granted summary judgment in favor of the bank and imposed discovery sanctions against the holders of the assumption agreement. Finding no genuine issues of material fact, we affirm the trial court’s grant of summary judgment. In addition, we have reviewed the record and cannot say the trial court abused its discretion in awarding discovery sanctions in this matter. The judgment of the trial court is affirmed.