SUNTRUST BANK v. ANGELA CHRISTINA BEST a/k/a CHRISTINA BEST - Articles

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Posted by: Landry Butler on Aug 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Hugh B. Ward, Jr. and Mindy L. Nower, Knoxville, Tennessee, for the appellant, Angela Christina Best.

Attorneys 2:

John R. Cheadle, Jr. and Mary Barnard Cheadle, Nashville, Tennessee, for the appellee, SunTrust Bank.

Judge(s): SWINEY

Angela Christina Best (“Best”) appeals the decision of the Circuit Court for Knox County (“the Trial Court”) granting summary judgment to SunTrust Bank (“SunTrust”) and awarding SunTrust a judgment against Best in the amount of $379.60 plus post-judgment interest and attorney fees. Best raises issues regarding whether the Trial Court erred in exercising jurisdiction after finding that the contract at issue in this case contained an arbitration clause, whether the Trial Court erred in granting summary judgment both on SunTrust’s complaint and on Best’s counterclaim, and whether the Trial Court erred in granting SunTrust’s attorney’s fees allegedly in excess of those allowed under the contract. We find and hold that the arbitration clause in the contract never was triggered, that SunTrust made a properly supported motion for summary judgment, that Best failed to show any genuine disputed issues of material fact, and that SunTrust was entitled to summary judgment both on the complaint and on Best’s counterclaim. We further find and hold that the attorney’s fees awarded were in excess of those allowed under the contract. We, therefore, affirm the grant of summary judgment and modify the award of attorney’s fees to comply with the contract.

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