Wednesday, June 3, 2009

JACK COLLIER v. GREENBRIER DEVELOPERS, LLC, ET AL. (Tenn. Ct. App. April 16, 2009).

This case was filed under the Uniform Fraudulent Transfers Act, Tenn. Code Ann. section 66-3-101 et seq., seeking to void four quitclaim deeds that were filed in connection with a real estate transaction. The contract for the sale of real property was originally entered by and between the Appellant, who is the sole member of an LLC, and the Appellees. Appellant then assigned his interest in the contract to the LLC. The trial court granted Appellees' Tenn. R. Civ. P. 12.02(6) motion upon its finding that Appellant was in privity with the LLC and thus bound by the transaction. We reverse and remand.

Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/collierj_041609.pdf