MICHAEL DAVID MARTIN v. FRANKLIN COOL SPRINGS CORPORATION, ET AL. - Articles

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Posted by: Chandra Williams on Nov 12, 2015

Court: TN Court of Appeals

Attorneys 1:

Michael David Martin, Franklin, Tennessee, Pro Se.

Attorneys 2:

Charles Patrick Flynn, Brentwood, Tennessee, for the appellee, Water Systems Incorporated.

Judge(s): DINKINS

Plaintiff filed suit against the company providing billing services for the water and sewage utilities at his apartment; the complaint alleged that the company’s fee for late payments violated, among others, the Tennessee Consumer Protection Act. Defendant moved for dismissal pursuant to Tenn. R. Civ. P. 12.02(6), which was granted by the trial court. Defendant then sought recovery of the attorney’s fees it incurred in defending the TCPA claim and Plaintiff’s motions for sanctions. The court granted Defendant’s motion, awarding one-half of the amount sought. Plaintiff appeals the award of attorney’s fees; Defendant appeals the amount awarded. Finding no error, we affirm the judgment of the trial court in all respects; concluding that an award of fees incurred by Defendant on appeal is appropriate, we remand the matter to the trial court for determination of the amount to be awarded.

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