BOBBY MURRAY, ET AL. v. DENNIS MIRACLE, ET AL. - Articles

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Posted by: Landry Butler on Mar 27, 2017

Court: TN Court of Appeals

Attorneys 1:

Loretta Murray and Bobby Murray, Harriman, Tennessee, Appellants, pro se

Attorneys 2:

Mark N. Foster, Rockwood, Tennessee, for the appellees, Dennis Miracle and Robert Daniel Smith.

Judge(s): DINKINS

This is the third appeal in this suit; on remand from the prior appeal the court considered whether a discovery sanction previously imposed upon Plaintiffs was reasonable and the amount of damages to be awarded Defendants for defending the previous appeal, which was deemed frivolous. The trial court upheld the discovery sanction and awarded Defendants $8,488.50 in damages for the prior appeal. Plaintiffs appeal, contending that the trial court abused its discretion in affirming the prior sanction and in making the award for the frivolous appeal. Discerning no error, we affirm the trial court; we declare this appeal frivolous and remand the case for a determination of damages.

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