NATIONAL PUBLIC AUCTION COMPANY, LLC v. CAMP OUT, INC., ET AL. - Articles

All Content


Posted by: Amelia Ferrell Knisely on Feb 19, 2016

Court: TN Court of Appeals

Attorneys 1:

Kristin Fecteau and Aubrey Givens, Nashville, Tennessee, for the appellant, Camp Out, Inc.

Attorneys 2:

William Anthony Hollin, Knoxville, Tennessee, Pro Se.

Judge(s): BENNETT

An auctioneer filed suit against a recreational vehicle dealer for injunctive relief and damages; the dealer counterclaimed for fraud and other causes of action. A jury returned a verdict in favor of the dealer. Distribution of funds held by the court clerk was held in abeyance. This appeal is a post-judgment dispute as to whether the trial court erred in allowing the purchaser of a recreational vehicle at the auction to intervene after the trial court entered its judgment on the jury verdict to seek the return of money deposited with the court clerk, and whether the trial court erred in dismissing the dealer’s counterclaim against the purchaser and awarding the purchaser the return of his purchase price. We conclude that the trial court did not abuse its discretion in allowing the purchaser to intervene, but that the trial court erred in failing to allow the dealer to conduct discovery to determine whether the purchaser contributed to the loss in value of the vehicle.