Friday, September 30, 2011

Court determines the rightful owner of real property following the death of one of the tenants

RICHARD RHODEN v. DONALD D. RHODEN (Tenn. Ct. App. September 29, 2011)

This is an action for unlawful detainer. The property at issue was deeded to the plaintiff and his father "as tenants in common with the right of survivorship." For a time, the father, the plaintiff, and the plaintiff's brother all lived together on the property. The father died intestate. After the father's death, the plaintiff asked his brother to leave the property, and the brother refused. The plaintiff then filed this action against his brother for unlawful detainer, claiming that he was the sole owner of the property after their father's death based on his right of survivorship. After a bench trial, the trial court agreed and held in favor of the plaintiff. The brother now appeals. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/rhodenr_092911.pdf

Thursday, September 29, 2011

Court reviews an action to recover litigation expenses in a case to quiet title to a portion of property

DAVID DAWSON JOHNSON v. MADISON COUNTY, TENNESSEE (Tenn. Ct. App. September 29, 2011)

Madison County allegedly erroneously mis-assigned and sold a portion of Appellant's property. Many years later, in 2006, Appellant learned of the alleged mistake and filed suit to quiet title against Madison County, two former owners, and the then-current property owner. In 2010, the matter was settled prior to trial, and the property was returned to Appellant. Appellant then filed suit against Madison County seeking to recover his litigation expenses incurred in the action to quiet title. The trial court, however, dismissed his claims as time-barred. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/johnsond_092911.pdf

Wednesday, September 28, 2011

Court reviews the most appropriate equitable remedy for a parcel of land passed by a decedent to his heirs

WANDA LEAVER WILLIAMS ET AL. v. BRANDON LEAVER ET AL. (Tenn. Ct. App. September 28, 2011)

The trial court imposed a constructive trust on a six-acre parcel of real property to carry out the intent of the father that his son and daughter would divide the property. The court ordered the sale of the property and division of the proceeds. We have concluded that the more appropriate equitable remedy is a resulting trust and have modified the judgment with regard to the disposition of the sale proceeds. Otherwise, we affirm the result reached by the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/williamsw_092811.pdf

Tuesday, September 27, 2011

Court reviews whether a landlord had a duty under a commercial lease to repair a tenant's leaky roof

C.F. PROPERTY, LLC v. RACHEL SCOTT ET AL. (Tenn. Ct. App. September 27, 2011)

This is a landlord-tenant dispute involving commercial property with a known and disclosed "leaky roof." The lease states that the "property" is leased "as is where is." In an email sent prior to the execution of the lease, the landlord stated it would "talk about" repairing the roof after the first year. The leakage increased dramatically after the first year. The tenant began withholding rent.

The landlord filed an unlawful detainer action and the tenant filed a counterclaim for damages resulting from the leaky roof. A bench trial ensured. The court held that, by telling the tenant it would "talk about" repairing the roof, the landlord misrepresented that the roof was repairable when the landlord knew it could not be repaired, and that the landlord had a duty under the lease to repair the roof. The landlord appeals. We reverse the judgment and remand for a determination of the damages due the landlord under the lease.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/CFProperty_092711.pdf

Monday, September 19, 2011

Court reviews the enforceability of a purchase and sales agreement and who is liable for its breach

ROSS H. TARVER, et al., v. OCOEE LAND HOLDINGS, LLC., et al. (Tenn. Ct. App. September 19, 2011)

Plaintiffs sued defendants on a sale of real estate contract wherein defendants agreed to purchase certain real estate located in Polk County from plaintiffs for a stated price. Defendants joined issue on the pleadings in the trial before the Trial Judge.

The Trial Court held that the purchase and sales agreement was enforceable, and refused to find Ocoee Land Holdings, LLC liable for breach of the purchase and sales agreement, but held Glen Fetzner personally liable. Defendants and plaintiffs have appealed.

On appeal, we hold that the purchase and sales agreement was an enforceable contract, but the Court erred when it held Glen Fetzner personally liable for the breach of the purchase and sales agreement, and the Trial Court also erred when it did not find Ocoee Land Holdings, LLC liable for the breach of the contract. We enter Judgment against Ocoee Land Holdings, LLC.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/tarverr_091911.pdf

Tuesday, September 13, 2011

Court reviews the reformation of a lease agreement

TRACEY CHANDLER and KELLY WILSON v. CHARLESTON VOLUNTEER FIRE DEPARTMENT (Tenn. Ct. App. September 13, 2011)

The trial court reformed a lease agreement, finding certain terms had been erroneously transposed. Appellants contend the reformation was error. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/chandlert_091311.pdf