TIM ELSWICK ET AL. v. ALEXANDER JACKSON D/B/A ALEXANDER JACKSON CONCRETE - Articles

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Posted by: Chandra Williams on Oct 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Brian O. Bowhan, Smyrna, Tennessee, for the appellant, Tim Elswick.

Attorneys 2:

Marian C. Fordyce, Nashville, Tennessee, for the appellant, Estate of Gerda Karin Faber. George Christopher Holder, Murfreesboro, Tennessee, for the appellee, Alexander Jackson d/b/a/ Alexander Jackson Concrete.

Judge(s): CLEMENT

This case arises from a contract for home improvement services. After the work was completed and Homeowners failed to pay the contract price, Contractor filed a civil warrant and was awarded a judgment in general sessions court. Homeowners failed to timely appeal the judgment to circuit court. They subsequently filed a petition for writ of certiorari and supersedeas in circuit court contending Contractor was not duly licensed and the Home Improvement Contractor’s Act prevented Contractor from recovering on the contract. Homeowners subsequently filed a complaint asserting a claim under the Tennessee Consumer Protection Act. The circuit court denied the petition for writ of certiorari and dismissed the complaint as res judicata. We affirm.

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