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Posted by: Landry Butler on Aug 11, 2017

Court: TN Court of Appeals

Attorneys 1:

Stephen W. Elliott and Fetlework Balite-Panelo, Nashville, Tennessee, for the appellant, Porta, Inc.

Attorneys 2:

Jefferson C. Orr and Joshua K. Chesser, Nashville, Tennessee, for the appellee, Homelift of Nashville, Inc.

Judge(s): MCBRAYER

This appeal involves a claim for attorney’s fees and other litigation expenses incurred by a third-party defendant in a wrongful death action. The third-party plaintiff filed the third-party complaint against the third-party defendant seeking indemnity. A jury found both the third-party plaintiff and third-party defendant at fault for the death in the underlying action, but because the third-party plaintiff was allocated more than 50% of the fault, the jury determined that the third-party plaintiff was not entitled to indemnification. The third-party defendant filed a post-trial motion for attorney’s fees and expenses incurred in defending the third-party action. The trial court denied the motion, concluding that it lacked subject matter jurisdiction. Although we conclude that it did not lack subject matter jurisdiction, we affirm the denial of the third-party defendant’s motion.