KATHRYN E. MITCHELL, ET AL. v. CHARLES WESLEY MORRIS, ET AL. - Articles

All Content


Posted by: Amelia Ferrell Knisely on Mar 9, 2016

Head Comment: With D. MICHAEL SWINEY, C.J., concurring.

Court: TN Court of Appeals

Attorneys 1:

Gary L. Henry, Chattanooga, Tennessee, and Eric S. Ratliff, Sevierville, Tennessee, for the appellants, Kathryn E. Mitchell, individually and as executrix of the Estate of Alvin Ronald Morgan, and Jobe Cemetery Perpetual Care Corporation.

Attorneys 2:

Clarence Risin, Nashville, Tennessee, for the appellee, New York Life Insurance and Annuity Corporation.

Janet Strevel Hayes, Knoxville, Tennessee, and Bradford D. Telfeyan, Nashville, Tennessee, for the appellees, Charles Wesley Morris and the Morris Financial Network, LLC.

Judge(s): MCCLARTY

This action concerns the decedent’s purchase of several investment products from the defendants. Following the decedent’s death, his daughter filed suit, alleging violations of the Tennessee Consumer Protection Act, codified at 47-18-101, et. seq., breach of contract, promissory fraud, negligent misrepresentation, and breach of fiduciary duty. The defendants sought summary judgment. The court granted summary judgment, finding that the Tennessee Consumer Protection Act claims were untimely and that the evidence was insufficient to establish the other claims without consideration of parol evidence and inadmissible hearsay testimony. The daughter appeals. We affirm.