JULIA H. “ROBIN” MEYERS, ET AL. v. FIRST TENNESSEE BANK, N.A. - Articles

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Posted by: Amelia Ferrell Knisely on May 27, 2016

Court: TN Court of Appeals

Attorneys 1:

Melinda Meador, Knoxville, Tennessee, for the appellant, First Tennessee Bank National Association.

Attorneys 2:

Jeffrey A. Cobble, Greeneville, Tennessee, for the appellees, Julia H. “Robin” Meyers, Laura E. Meyers, and Emily M. Stevens.

Judge(s): SUSANO

This is a Tenn. R. App. P. 9 appeal by First Tennessee Bank, N.A. (the Trustee) from the trial court?s order denying the Trustee?s motion for summary judgment. The beneficiaries of the Ray Haney TUW1 Residual Trust (the Trust) filed suit against the Trustee for breach of trust. The Trustee asserts that the suit is time-barred; it relies upon Tenn. Code Ann. § 35-15-1005 (2007).2 The trial court denied the Trustee?s motion, holding that there are genuine issues of material fact with respect to whether the suit was timely filed. The Trustee filed an application for an interlocutory appeal, which the trial court granted. We followed suit. We now affirm the trial court?s decision denying summary judgment.