MASTON G. LYONS, III, ET AL. v. FIELDING H. ATCHLEY, JR. - Articles

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Posted by: Tanja Trezise on Jan 20, 2015

Court: TN Court of Appeals

Attorneys 1:

Maston G. Lyons, III, and Linda C. Lyons, Hixson, Tennessee, pro se appellants.

Attorneys 2:

Arthur P. Brock, and William J. Rieder, Chattanooga, Tennessee, for the appellee, Fielding H. Atchley, Jr.

Judge(s): SWINEY

Maston G. Lyons, III and Linda C. Lyons (“Plaintiffs”) sued attorney Fielding H. Atchley, Jr. (“Defendant”) alleging, in part, that Defendant had breached a duty that “cost the Plaintiffs their fair and complete hearing in Lyons v. Leffew et al.,” and that the alleged breach had “costs [sic] the Plaintiffs their fiduciary interest in said case.” Both sides filed motions for summary judgment. After a hearing on the parties’ motions, the Circuit Court for Hamilton County (“the Trial Court”) granted Defendant summary judgment. Plaintiffs appeal the grant of summary judgment and the award to Defendant of attorney’s fees for defending against Plaintiffs’ Rule 11 motion for sanctions. We find and hold that Plaintiffs sustained no damage as a result of the alleged action or inaction of Defendant and, therefore, the Trial Court did not err in granting Defendant summary judgment as a matter of law. We further find and hold that the Trial Court did not abuse its discretion in awarding reasonable attorney’s fees to Defendant for opposing Plaintiffs’ Rule 11 motion for sanctions. We affirm the Trial Court’s judgment.

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