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Posted by: Landry Butler on Oct 3, 2016

Court: TN Court of Appeals

Attorneys 1:

John Frank Higgins, Nashville, Tennessee, for the appellant, Arnold Emmitt Quarles, III.

Attorneys 2:

Edmund S. Sauer and Jeffrey W. Sheehan, Nashville, Tennessee, for the appellees, Federal National Mortgage Association, Bank of America, N.A., and Mortgage Electronic Registration Systems, Inc.

Judge(s): BENNETT

A borrower on a promissory note secured by his home became delinquent in his payments and the bank foreclosed and filed a successful unlawful detainer action in general sessions court. The borrower filed a petition for writ of certiorari and supersedeas in circuit court asserting wrongful foreclosure; he also filed a countercomplaint seeking declaratory relief and alleging causes of action for unjust enrichment and wrongful disclosure against the bank. Three defendants filed a motion for summary judgment, and the trial court granted the motion. The borrower filed a motion for permission to file an amended countercomplaint asserting causes of action for fraud and breach of contract against the bank, and the trial court granted the motion. The trial court further granted the defendants? motion for summary judgment and certified the order as a final judgment pursuant to Tenn. R. Civ. P. 54.02. Because we have determined that the trial court erred in certifying the judgment as final under Tenn. R. Civ. P. 54.02, we vacate the trial court?s order and remand for further proceedings.