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Posted by: Chandra Williams on Oct 26, 2015

Court: TN Court of Appeals

Attorneys 1:

Russell L. Leonard, Winchester, Tennessee, for the appellant, Richard Garner.

Attorneys 2:

Shawn C. Trail and C. Brent Keeton, Manchester, Tennessee, for the appellees, Coffee County Bank and Ken Kirby.

Judge(s): BENNETT

Plaintiff and his former wife purchased a house together in 2002. The former wife moved out of the house with all of her belongings in 2009, and the house suffered damage from a fire in 2010. The former wife was a named insured on the house, and each of the insurance checks issued to cover property loss and living expenses was made payable to both Plaintiff and his former wife. The president of the bank that held a mortgage on the house had a separate business relationship with the former wife. According to Plaintiff, the bank president informed him that he could not have any of the insurance proceeds unless one-half was given to the former wife, which proceeds were used to pay down the former wife?s separate and unrelated loan. The bank ultimately foreclosed on the house because the loan became delinquent. Plaintiff filed a complaint against the bank and president asserting conversion, wrongful foreclosure, and other related causes of action. The bank and the president filed a motion for summary judgment. Plaintiff did not file his opposition within the time prescribed by the procedural rules, and the trial court granted the bank and the president?s motion for summary judgment. On appeal, we affirm the trial court?s judgment in some respects and reverse the judgment in other respects. Plaintiff?s deposition transcript that the trial court considered in ruling on the motion for summary judgment raised genuine issues of material fact that precluded summary judgment on several of the causes of action alleged.