FREDDY MORA, ET AL. v. DAVID VINCENT, ET AL. - Articles

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Posted by: Landry Butler on Apr 13, 2017

Court: TN Court of Appeals

Attorneys 1:

Freddy Mora, Cleveland, Tennessee, pro se appellant.

Attorneys 2:

Laurie H. Hallenberg, Cleveland, Tennessee, for the appellees, David Vincent and Teresa Vincent.

Mitchell L. Meeks, Chattanooga, Tennessee, for the appellee, John Christopher German.

Judge(s): SWINEY

Freddy Mora (“Plaintiff”), pro se, appeals the February 4, 2016 judgment of the Chancery Court for Bradley County (“the Trial Court”) in this suit alleging violations of Tenn. Code Ann. § 66-28-101, et seq., the Uniform Residential Landlord and Tenant Act. Plaintiff’s brief on appeal severely fails to comply with Tenn. R. App. P. 27. We, therefore, find that Plaintiff has waived his issues on appeal. David Vincent and Teresa Vincent (“Defendants”) raise an issue regarding the Trial Court’s award to Plaintiff of attorney’s fees. We find and hold that while the award of attorney’s fees was proper, there is nothing in the record before us on appeal showing any evidence which the Trial Court could have relied upon in determining the amount of attorney’s fees. Nor is there anything in the record showing that the Trial Court considered the factors contained in Rule 8, RPC 1.5 of the Rules of the Supreme Court or the applicable case law in determining the amount of reasonable attorney’s fees. Given all this, we vacate the amount awarded in attorney’s fees and remand this case to the Trial Court for further proceedings to determine the amount of reasonable attorney’s fees to be awarded to Plaintiff.

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