DAVID HUGHES v. MERIDIAN PROPERTY MANAGEMENT LLC - Articles

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Posted by: Amelia Ferrell Knisely on Feb 10, 2016

Court: TN Court of Appeals

Attorneys 1:

David Hughes, Memphis, Tennessee, appellant, pro se.

Attorneys 2:

David Mendelson and Jan Lentz, Memphis, Tennessee, for the appellee, Meridian Property Management, LLC.

Judge(s): ARMSTRONG

Appellant rented property managed by Appellee. Appellee filed a forcible entry and detainer action in the Shelby County General Sessions Court and was awarded possession of the rental property and past due rents. Appellant did not appeal this judgment. Rather, Appellant filed a separate civil warrant in general sessions court, seeking to be restored to possession of the property. Appellee filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss on the ground that the question of possession of the property was res judicata based on the general sessions court‘s prior adjudication. The general sessions court granted Appellee‘s motion, and Appellant, relying on the civil warrant filed in the second general sessions‘ case, appealed to the Shelby County Circuit Court. Again, Appellee moved for dismissal. The trial court granted Appellee‘s motion, finding that it did not have jurisdiction to address the question of possession of the rental property as this question was res judicata. Appellant appeals. Discerning no error, we affirm and remand.

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