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Posted by: Tanja Trezise on Dec 15, 2014

Court: TN Court of Appeals

Attorneys 1:

Janet L. Layman and James Daniel Richardson Roberts, Jr, Nashville, Tennessee, for the appellant, David Jones.

Attorneys 2:

Todd E. Panther, Nashville, Tennessee, for the appellees, Advantage Title and Escrow and Victor Hazelwood.

Judge(s): MCCLARTY

This appeal involves several claims relating to the sale and refinancing of Plaintiff’s two properties. When Plaintiff defaulted on the mortgages, Mortgage Menders, LLC offered to purchase the properties, fulfill the mortgage indebtedness, refurbish the properties for resale, and remit half of the profits when the properties sold. Mortgage Menders, LLC borrowed money from Defendant Hazlewood to accomplish the terms of the agreement. Defendant Hazlewood also served as an escrow and closing agent for two later transactions involving the properties. When Plaintiff failed to receive any portion of the proceeds relating to the sale of one of the properties, he filed suit for breach of contract, fraud, and civil conspiracy against each of the parties involved. Defendant Hazlewood filed a motion for summary judgment, asserting that he was entitled to judgment as a matter of law. The trial court partially granted the motion for summary judgment, finding that Defendant Hazlewood was not a party to the contract and that he had not participated in a civil conspiracy. Years later, the court dismissed the remainder of the case for failure to prosecute. Plaintiff appeals. The decision of the trial court is affirmed in part and reversed in part. We remand the case for proceedings consistent with this opinion.