JOHN S. TAYLOR v. TIMOTHY L. CLOUD - Articles

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Posted by: Chandra Williams on Jul 29, 2015

Court: TN Court of Appeals

Attorneys 1:

Timothy L. Cloud, Cape Coral, Florida, Pro Se.

Attorneys 2:

John S. Taylor, Jonesborough, Tennessee, Pro Se.

Judge(s): FRIERSON

In this action seeking to enforce a judgment lien against the debtor‘s real property, the debtor claimed that he was not properly served with process in the underlying lawsuit wherein the judgment was entered. The trial court granted summary judgment to the creditor, and the debtor appealed. We affirm the trial court‘s grant of summary judgment based on the validity of the underlying judgment, determining that such judgment was not void on its face and thus not subject to collateral attack. We reverse the issue of whether the creditor should have been granted an award of attorney‘s fees at trial pursuant to the parties‘ fee agreement and remand for specific findings by the trial court. We decline to award attorney‘s fees to the creditor incurred in defending this appeal.

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