Central Parking Systems of Tennessee, Inc. v. Nashville Downtown Platinum, LLC

NDP purchased property upon which Central Parking operated pay-parking lots pursuant to lease amendments with the prior owner. Central Parking calculated the rent it owed NDP pursuant to the amendments, but due to a computer glitch, paid double the rent it claimed was owed. NDP refused to refund the money, claiming the payment equaled the fair rental value of the property. Central Parking sued NDP for the alleged overpayment, and the trial court dismissed Central Parking’s claims. Because Central Parking’s only basis for relief on appeal–an implied notice theory–was first raised in a Rule 59.04 motion, and an issue first raised in a motion to alter or amend is not properly raised before the trial court, we find the issue is waived on appeal. The trial court’s dismissal of Central Parking’s claims is affirmed.