Friday, June 25, 2010

Court reviews a suit for quiet title, which was misnamed as a detainer action

CHARLES PARSLEY v. ELMER PRICE (Tenn. Ct. App. June 25, 2010)

Charles Parsley ("the plaintiff"), proceeding pro se, sued Elmer Price ("the defendant") in the General Sessions Court for Hawkins County. In attempting to allege his cause of action, the plaintiff employed a civil warrant form with the pre-printed designation, "Detainer Summons." The general sessions court transferred the case to the trial court. The trial court correctly concluded that the plaintiff's suit was not a detainer action but rather a suit "in the nature of either quiet title or of ejectment." Following a bench trial on September 22, 2009, the court incorporated its written memorandum opinion into an order and granted "judgment in favor of the defendant." Plaintiff appeals. We affirm.

Opinion may be found at: