LAKEILIA JOHNSON V. NEW WAVE, LLC ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Court: TN Court of Appeals

Attorneys 1:

Keith Sanders, Brentwood, Tennessee, Pro se.

Attorneys 2:

David J. Tarpley, Zachary D. Oswald, and Claire B. Abely, Nashville, Tennessee, for the appellee, Lakeilia Johnson.

Judge(s): CLEMENT

Homeowner filed suit against Defendants alleging intentional misrepresentation as to contractor licensure, construction skills, and code compliance, breach of implied duty of good faith and fair dealing, and violation of Tenn. Code Ann. § 62-6-136 for misrepresentation of licensure in connection with a $27,500 contractor agreement for home improvements. The trial court concluded that Defendants committed intentional misrepresentation, breached the duty of good faith and fair dealing, and violated Tenn. Code Ann. § 62-6-136. The trial court awarded Homeowner $18,100 in compensatory damages, $36,200 in punitive damages, and prejudgment interest at the rate of 5% per annum from the date the lawsuit was filed. Due to the lack of a transcript or a proper statement of the evidence, we must affirm. We also find this appeal is devoid of merit and so lacking in justiciable issues that it constitutes a frivolous appeal within the meaning of Tenn. Code Ann. § 27-1-122. Accordingly, on remand the trial court shall award just damages for the expenses Homeowner incurred as a result of this appeal.