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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. E2020-00375-COA-R3-CV
Regular Panel Decision
Apr 27, 2021

Toryiana Louisa Soto v. Presidential Properties, LLC

This case involves claims brought under the Tennessee Consumer Protection Act and the Tennessee Real Estate Broker License Act, along with other related claims concerning real estate transactions. The plaintiffs, Toryina and Luis Soto, and John and Tina Colbaugh, sued Presidential Properties, LLC and Kenneth Gross for fraud, breach of contract, and violations of the aforementioned acts. Kenneth Gross, acting as an unlicensed real estate broker, improperly advertised properties he did not own and misled the Sotos. The trial court found in favor of the plaintiffs, awarding treble damages and attorney's fees, and restored the Bays View property title to the Sotos. The Court of Appeals affirmed the trial court's conclusions regarding fraud and the violation of the Real Estate Broker License Act but vacated the award of attorney's fees due to insufficient explanation, remanding for further findings.

Real Estate FraudConsumer Protection ActBroker License ActBreach of ContractTreble DamagesAttorney's FeesAppellate ReviewPro Se LitigantExpert Witness ExclusionStatutory Interpretation
References
30
Case No. 09-02-018 CV
Regular Panel Decision
Apr 17, 2003

U.S. Restaurant Properties Operating, L.P. and U.S. Restaurant Properties, Inc. v. Motel Enterprises, Inc.

Motel Enterprises, Inc. sued U.S. Restaurant Properties Operating L.P. and U.S. Restaurant Properties, Inc. for breach of a put option in a purchase and sale agreement. Motel exercised its right to have USRP purchase a $500,000 promissory note, but USRP refused, claiming the note's maker, Bar S Restaurants, Inc., was in material default on a lease. A jury found no material default and awarded Motel $550,000. On appeal, USRP challenged the sufficiency of evidence, damages, jury instructions, evidentiary rulings, and prejudgment interest. The appellate court affirmed the liability and damages findings, but reversed and remanded for recalculation of prejudgment interest, also modifying the judgment to require Motel to transfer the note to USRP.

Breach of ContractPut OptionPromissory NoteLease AgreementMaterial DefaultSufficiency of EvidenceDamages CalculationJury InstructionsEvidentiary RulingsPrejudgment Interest
References
20
Case No. MISSING
Regular Panel Decision

Perla v. Real Property Holdings, LLC

Plaintiffs Robert and Deborah L. Perla initiated a foreclosure action, alleging defendant Real Property Holdings, LLC (RPH) defaulted on a $420,000 mortgage and note. They sought summary judgment and the appointment of a referee. Defendant Chrissy Holness, a former owner, opposed the motion, claiming RPH violated a prior contract regarding property sale and payment, asserting the plaintiffs' mortgage was suspicious. The court denied the plaintiffs' motion for summary judgment, finding it improper against defaulting defendants without a default judgment and against Holness due to lack of specific allegations in the complaint and her standing. Consequently, the request for a referee to compute the amount due was also denied.

Summary JudgmentForeclosure ActionMortgage DefaultReal PropertyPromissory NoteGuaranty of PaymentLis PendensJoinder of IssueDefault JudgmentCivil Procedure
References
8
Case No. E2018-00232-COA-R3-CV
Regular Panel Decision
Feb 28, 2019

Branch Banking And Trust Company v. Wayne R. Hill

The plaintiff bank, Branch Banking and Trust Company, sought a deficiency judgment against defendant real estate developers, Wayne R. Hill, Cornelia D. Hill, and Rainbow Ridge Resort, LLC, following the foreclosure sale of several tracts of real property. The trial court granted partial summary judgment to the bank, finding the developers liable for deficiency balances on promissory notes and guaranty agreements, along with accrued interest, fees, and attorney's fees. The developers appealed, challenging the trial court's denial of their request to cross-examine the bank's witnesses and introduce evidence regarding the adequacy of the foreclosure sales prices and process. The Court of Appeals affirmed the trial court's judgment, holding that the defense of inadequacy of the foreclosure sales prices was an affirmative defense that the appellants had waived by failing to properly plead it prior to trial. The court also found the Uniform Commercial Code requirements concerning "commercially reasonable" sales inapplicable to transfers of real property.

Deficiency JudgmentForeclosure SalePromissory NotesGuaranty AgreementsReal PropertyResort CabinsAppellate ProcedureSummary JudgmentAffirmative DefenseWaiver of Defense
References
47
Case No. MISSING
Regular Panel Decision

Holick v. Cellular Sales of New York, LLC

Plaintiffs, a group of Sales Representatives, initiated an action against defendants Cellular Sales of Knoxville, Inc. and Cellular Sales of New York, L.L.C., alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law. They claimed misclassification as independent contractors, which led to a deprivation of guaranteed compensation, including minimum wage and overtime. Defendants responded with motions to dismiss for lack of subject matter jurisdiction and personal jurisdiction, and alternatively, to compel mediation/arbitration based on clauses in the sales agreements. The Court denied the motion to dismiss for lack of subject matter jurisdiction, affirming its power to adjudicate FLSA claims. However, it granted the defendants' motion to compel arbitration, determining that the mediation clauses were valid, unwaived, and that FLSA claims are arbitrable under federal law, leading to the dismissal of the complaint without prejudice. All other pending motions, including plaintiffs' request for conditional collective action certification, were subsequently denied as moot.

FLSALabor LawMisclassificationIndependent ContractorCollective ActionArbitrationMediationSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(1)
References
28
Case No. 11-06-00103-CV
Regular Panel Decision
Apr 03, 2008

Stephanie Williams A/K/A Stephanie Scholler and Tim Williams v. William Colthurst, Yuko Colthurst, WGW Properties, Inc. D/B/A Century 21 Advantage, Tom DeWitt, Century 21 Real Estate Corporation, and Felix Kauffman

This appeal stems from a landlord-tenant dispute. The landlords (Colthurst) initially sued the tenants (Williams) for unpaid rent and property damage. The tenants counterclaimed, alleging wrongful withholding of their security deposit and a premises liability claim after Mrs. Williams was sexually assaulted in the leased home. The trial court granted partial summary judgment to the landlords on the unpaid rent claim and a directed verdict on the premises liability claim, with the jury ruling in favor of the landlords on the remaining issues. On appeal, the tenants challenged multiple aspects of the trial court's judgment, including the summary judgment, the directed verdict, and the jury's findings regarding the security deposit and attorney's fees. The appellate court affirmed the trial court's judgment, finding no reversible error in the handling of the various claims and upholding sanctions against the tenants' counsel for an intrinsic fraud allegation.

Landlord-Tenant DisputeUnpaid RentProperty DamageSecurity DepositPremises LiabilitySexual AssaultDirected VerdictSummary JudgmentAttorney's FeesPrejudgment Interest
References
37
Case No. 14-08-00493-CV
Regular Panel Decision
Jun 21, 2009

BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District

This appeal concerns a lawsuit where a former property owner initiated judicial review of an ad valorem tax valuation protest by the county appraisal district. A subsequent property purchaser was later included as a plaintiff. The appraisal district challenged the plaintiffs' standing through a plea to the jurisdiction, leading the trial court to dismiss the suit. The appellate court affirmed this dismissal, concluding that neither the initial property owner (BACM 2002 PB2 Westpark Dr. LP) nor the subsequent owner (Houston Parkwest Place Ltd.) possessed the requisite standing to pursue judicial review. Consequently, the trial court was found to lack subject-matter jurisdiction over the dispute.

Property TaxAd Valorem TaxJudicial ReviewStanding DoctrineSubject-Matter JurisdictionPlea to the JurisdictionTexas Tax CodeTexas Rule of Civil Procedure 28Appellate ProcedureProperty Ownership
References
30
Case No. 11-05-00326-CV
Regular Panel Decision
Aug 03, 2006

Alice Marie Belew D/B/A Belew Real Estate v. James A. Rector

This case involves an appeal concerning an oral employment contract dispute over real estate commissions. Appellant Alice Marie Belew, a real estate broker operating Belew Real Estate, challenged a trial court judgment in favor of Appellee James A. Rector. Rector claimed entitlement to commissions from lot sales in Desert Willow Estates based on an oral agreement. The trial court found Rector was due additional commissions and attorney's fees. The Eleventh Court of Appeals reviewed Belew's arguments regarding lack of consideration, sufficiency of evidence for commission receipt, and presentment of attorney's fees claim, ultimately affirming the lower court's decision.

Real Estate LawOral ContractEmployment DisputeCommissionsAttorney's FeesAppellate ReviewContractual ConsiderationLegal SufficiencyFactual SufficiencyTexas Law
References
29
Case No. MISSING
Regular Panel Decision

In Re Hart's Manufacturing Co.

Hart's Manufacturing Co., the Debtor-In-Possession, moved to set aside the auction sale of its Corning Property, asserting the proposed price was grossly inadequate and not in the best interest of creditors. The high bidder, Eagle Investment Corp., objected, arguing the sale should be confirmed. The auction, held pursuant to a confirmed plan of liquidation, resulted in Eagle's bid of $250,000. The property is subject to liens totaling $957,000. The Court denied confirmation of the sale, citing an expert appraisal valuing the property at $1.55 million. The Court concluded that the proposed sale price was grossly inadequate and would not maximize creditor recovery, as it would only partially satisfy one creditor and leave no funds for others.

Chapter 11Liquidation PlanAuction SaleProperty SaleConfirmation of SaleCreditor RecoveryInadequate PriceJudicial SalesSecured ClaimsUnsecured Claims
References
20
Case No. M2024-01256-COA-R3-CV
Regular Panel Decision
Oct 14, 2025

In Re Estate of Ruby Smith

This appeal concerns a custodian's sale of real property for minor children under the Tennessee Uniform Transfers to Minors Act. The custodian, James E. Wilson, Jr., sold the property without a formal appraisal, real estate agent, or open market listing, relying instead on a county assessor's appraisal. The minors' mother, Morgan Miller, filed suit alleging breach of fiduciary duty by the custodian, James E. Wilson, Jr., regarding the sale price and method. The trial court dismissed the mother's claim, finding no breach of duty. The Court of Appeals affirmed the trial court's decision, concluding that the evidence did not preponderate against the finding that the custodian acted reasonably, considering factors like perceived urgency, desire to avoid fees, and the property's condition.

Uniform Transfers to Minors ActFiduciary DutyReal Property SaleCustodianProbate CourtAppellate ReviewStandard of CareProperty AppraisalBreach of DutyMinor Children
References
33
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