Marlin Financial & Leasing Corp. v. Lucius E. Burch, III

Case Number
E2013-00178-COA-R3-CV

This appeal arises from a dispute over the enforcement of guaranty agreements in light of a bankruptcy. Marlin Financial & Leasing Corp. (“Marlin”) sued Lucius E. Burch, III (“Burch”) in the Chancery Court for Hamilton County (“the Trial Court”) alleging breach of contract, conversion, and, unjust enrichment. Marlin asserted that Burch owed money under certain guaranty agreements he had signed for leases entered into by Marlin. After a trial, the Trial Court dismissed the case for lack of jurisdiction. Marlin appeals to this Court. We hold that, given the Bankruptcy Court’s orders deeming all claims related to the leases at issue satisfied, the Trial Court lacked subject matter jurisdiction. We affirm the judgment of the Trial Court.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Chancellor Jeffrey M. Atherton
Case Name
Marlin Financial & Leasing Corp. v. Lucius E. Burch, III
Date Filed
Dissent or Concur
No
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