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Posted by: Tanja Trezise on Apr 20, 2017

Court: TN Court of Appeals

Attorneys 1:

Joshua A. Jenkins, Murfreesboro, Tennessee, for the appellant, Peggy Patterson.

Attorneys 2:

B. Nathan Hunt, Clarksville,, Tennessee, for the appellee, Shane Patterson.

Judge(s): STAFFORD

Stepmother filed a detainer warrant against Stepson and was awarded possession of the real property in the general sessions court. Stepson appealed to the circuit court, and a bench trial was conducted. The trial court awarded the property to Stepmother. We affirm the trial court’s finding that no resulting trust was proven. Although we affirm the trial court’s finding of unjust enrichment for the improvements on land based on the three-part test under Freeman Indus., LLC v. Eastman Chem. Co., 172 S.W.3d 512, 525 (Tenn. 2005), we reverse the trial court’s award of $37,000.00 to Stepson for the improvements to the property because Stepson failed to prove the correct measure of damages at trial. Affirmed in part, reversed in part, and remanded.