Court: TN Court of Appeals
Justin Gilbert, Chattanooga, Tennessee, for the appellants, John Doe (M2017-02548), and
Jane Doe (M2017-02548).
Darrell Townsend, Nashville, Tennessee, for the appellant, Justin Gilbert.
Thomas Anthony Swafford, Lucian T. Pera, Joshua Counts Cumby, Nashville,
Tennessee, Tara L. Swafford and Elizabeth G. Hart, Franklin, Tennessee, for the
appellees, Buddy Alexander, Nancy Brasher, Brentwood Academy, Inc., Lyle Husband,
Curt Masters, and Mike Vazquez.
Elizabeth A Russell, Franklin, Tennessee, for the appellees, K.E.M., K.M., and C.M.
Edward P. Silva, Franklin, Tennessee, for the appellees, B.D., E.D., and C.D.
In this consolidated appeal, we review whether the trial court erred in holding appellants’ attorney in civil contempt and/or in assessing fees and costs after this Court, in a previous appeal, reversed the trial court’s grant of appellees’ motion for involuntary dismissal and mandated for entry of an order granting appellants’ motion for voluntary dismissal. We conclude that there was no contempt and that the fees assessed for contempt were unwarranted. Because the underlying lawsuit was voluntarily nonsuited, we pretermit appellants’ issue concerning whether the trial court erred in denying recusal.