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Posted by: Amelia Ferrell Knisely on Mar 17, 2016

Court: TN Court of Appeals

Attorneys 1:

David L. Pool and Kevin D. Hudson, Memphis, Tennessee, for the appellant, Joan M. Edens.

Attorneys 2:

Robin H. Rasmussen and Megan L. Black, Memphis, Tennessee, for the appellee, Mark T. Harthun.


This appeal arises from a contract to purchase real estate. Appellee contracted to sell Appellant the property at issue, subject to the property appraising at a certain value and the Appellant obtaining financing. Upon discovering that the property was subject to an easement held by the Tennessee Valley Authority, Appellant refused to purchase the property, contending that Appellee could not convey good and marketable title. Appellee filed suit for specific performance and also sought injunctive relief to prevent Appellant from purchasing other real property. In response, Appellant first filed a motion for summary judgment. Later, Appellant filed an answer and countercomplaint, seeking damages for breach of contract. Appellant then filed a motion for voluntary nonsuit of her countercomplaint and, on the same day, filed an amended motion for summary judgment. Appellee then filed a motion for leave to take a voluntary nonsuit. After Appellee filed his motion for nonsuit, Appellant filed a motion for attorney?s fees, costs, and the return of earnest money. The trial court granted Appellee?s motion for nonsuit, notwithstanding the Appellant?s pending motion for summary judgment. The trial court denied Appellant?s motion for attorney?s fees and costs, but granted the motion for return of earnest money. Appellant appeals.