MARY KINDRED V. NATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY, INC. ET AL. - Articles

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Posted by: Tanja Trezise on Mar 19, 2015

Court: TN Court of Appeals

Attorneys 1:

Al H. Thomas and Aaron Thomas, Memphis, Tennessee, for the appellant, Mary Kindred.

Attorneys 2:

W. Brantley Phillips, Jr., Nashville Tennessee, and Jonathan E. Nelson, Memphis, Tennessee, for the appellees, National College of Business and Technology and Noel Denny.

Judge(s): CLEMENT

A former student at National College of Business and Technology, Inc. (“National College”) sued the school and its director for breach of contract, intentional infliction of emotional distress, and violation of the Tennessee Consumer Protection Act following the cancellation of her enrollment due to the fact her student file did not contain an official copy of her high school transcript or the equivalency certificate as required by the Tennessee Higher Education Commission. Plaintiff?s claims for intentional infliction of emotional distress and violation of the Tennessee Consumer Protection Act were dismissed pursuant to Tenn. R. Civ. P. 12.02(6) for failure to state a claim upon which relief could be granted. Thereafter, Defendants moved to summarily dismiss Plaintiff?s remaining claim for breach of contract. The trial court found that Defendants negated two essential elements of Plaintiff?s breach of contract claim, namely, breach and damages, and summarily dismissed that claim. We affirm.

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