BAXTER BAILEY INVESTMENTS LLC v. APL LIMITED INC. - Articles

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Posted by: Chandra Williams on Sep 21, 2015

Court: TN Court of Appeals

Attorneys 1:

Edgar Davison, Memphis, Tennessee, for the appellant, Baxter Bailey Investments, LLC.

Attorneys 2:

Richard D. Bennett and Patrick G. Walker, Memphis, Tennessee, for the appellee, APL Limited, Inc.

Judge(s): STAFFORD

Plaintiffs, a debt collection company and a motor carrier, filed suit in general sessions court against defendant to collect unpaid transportation and delivery charges. Defendant filed a motion for summary judgment and a motion for sanctions against plaintiffs, arguing that plaintiffs continued to pursue their claims despite knowledge that defendant was not the proper defendant. Plaintiffs eventually voluntarily nonsuited their claim; however, defendants pursued their motion for sanctions. The general sessions court ordered plaintiffs to pay defendants’ attorney’s fees as sanctions. Plaintiff appealed the award of sanctions to the circuit court, and the circuit court modified the amount of sanctions awarded, but otherwise affirmed the award. On appeal, we reverse, holding the general sessions court did not have the authority to impose attorney’s fees as sanctions.

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