JIMMY W. BILBO, ET AL. v. OCOEE PLACE CONDOMINIUM HOMEOWNERS ASSOCIATION, ET AL. - Articles

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Posted by: Tanja Trezise on Dec 12, 2014

Court: TN Court of Appeals

Attorneys 1:

Brent McIntosh, Cleveland, Tennessee, for the appellants, Jimmy W. Bilbo and Mildred D. Bilbo.

Attorneys 2:

Jeffrey R. Thompson, Knoxville, Tennessee, for the appellee, Ocoee Place Condominium Homeowners Association.

Judge(s): SWINEY

Jimmy W. Bilbo and Mildred D. Bilbo (“Plaintiffs”) sued Ocoee Place Condominium Homeowners Association (“Defendant”) for, among other things, negligent construction which allegedly caused flooding that damaged Plaintiffs’ property. Defendant filed a motion for summary judgment alleging, in part, that Defendant did not own the relevant real property, that Defendant exercised no input or control over the construction, and that Plaintiffs’ action was barred by the statute of limitations and the statute of repose. The Circuit Court for Bradley County (“the Trial Court”) granted Defendant’s motion for summary judgment. Plaintiffs filed a motion to alter or amend, which the Trial Court denied. Plaintiffs appeal to this Court raising issues regarding whether the Trial Court erred in refusing to alter or amend the grant of summary judgment pursuant to Tenn. R. Civ. P. 54.02 or Tenn. R. Civ. P. 60.02. We find no abuse of discretion in the Trial Court’s denial of Plaintiffs’ Tenn. R. Civ. P. 54.02 or 60.02 motion, and we affirm.

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