Family Trust Services LLC et al. v. Greenwise Homes LLC et al.

Style: Family Trust Services LLC et al. v. Greenwise Homes LLC et al.

TSC Docket Number: M2021-01350-SC-R11-CV

Court of Appeals Opinion: https://tncourts.gov/sites/default/files/family_trust_-_majority_opinion.pdf

Summary by the Court of Appeals:

This appeal involves claims by four plaintiffs against an attorney, his business partner, and the attorney’s and partner’s limited liability company. The plaintiffs claim that the defendants fraudulently redeemed properties sold via tax sales, utilizing forged or fraudulent documents. Following a bifurcated jury trial, the plaintiffs’ claims were dismissed except for the claim of one plaintiff against the attorney defendant, which resulted in a verdict for damages in the amount of $53,450. The trial court subsequently denied a motion for new trial filed by the plaintiffs. The plaintiffs have appealed. Upon thorough review, we conclude that the trial court’s denial of the plaintiffs’ motion for new trial should be reversed. However, we affirm the trial court’s pre-trial determination that judgment on the pleadings was appropriate concerning the plaintiffs’ claims of unjust enrichment and “theft” of the right of redemption. We further affirm (1) the trial court’s grant of summary judgment in favor of the defendants concerning the plaintiffs’ claim based on Tennessee Code Annotated § 66-22-113 and (2) the court’s denial of the defendant company’s motion to dissolve the lien lis pendens on its property. The remaining issue raised by the defendants is pretermitted as moot. We remand this matter to the trial court for a new trial.

Permission to Appeal Granted: May 11, 2023

Appellants’ Briefs Filed: July 3, 2023

Appellees’ Briefs Filed: August 23, 2023; September 25, 2023

Appellants’ Reply Brief Filed:

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: October 4, 2023

Link to Oral Argument Video: https://www.youtube.com/watch?v=oB14fHdKZE8

Date of TSC Opinion:  

Opinion of the TSC: 

TSC Summary of the Opinion: