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Posted by: Tanja Trezise on Dec 29, 2014

Court: TN Court of Appeals

Attorneys 1:

Betty Graham, Jasper, Tennessee, appellant, pro se.

Attorneys 2:

Jonathan Guthrie and McKinley S. Lundy, Jr., Chattanooga, Tennessee, for the appellees, Ellie Hill and Patrick, Beard, Schulman & Jacoway, P.C.

B. Thomas Hickey, Jr., Chattanooga, Tennessee, for the appellees, Ginny Hall and Crye- Leike Realty Corporation.

Kevin B. Wilson, Chattanooga, Tennessee, for the appellee, S&J Southeast Investments, LLC.

Judge(s): SUSANO

At an earlier time, in 2011, Betty Graham had filed a lawsuit arising out of a failed real estate transaction against (1) her real estate agent, Ginny Hall; (2) Crye-Leike Realty Corporation; (3) S&J Southeast Investments, LLC, the potential buyer of her condominium with whom she had unsuccessfully negotiated a contract; and (4) attorney Ellie Hill, her trial court appointed guardian ad litem. The trial court granted the defendants’ Rule 12.02(6) motions to dismiss the complaint for failure to state a claim upon which relief could be granted. Graham appealed, but later voluntarily dismissed her appeal. Following her dismissal, our mandate, see Tenn. R. App. P. 42, 43, was issued on January 4, 2013. On April 26, 2013, Graham, acting pro se, “refiled” a lawsuit that is functionally identical to her first complaint. In her second suit, she relied upon the saving statute, Tenn. Code Ann. § 28-1-105(a) (2000). The trial court dismissed her second complaint on the ground of res judicata. We affirm that dismissal. Furthermore, we conclude that Graham’s suit is frivolous. Hence, this case is remanded to the trial court for a determination of the defendants’ reasonable fees and expenses associated with this appeal.