Martina Smith, et al. v. Donna Jean Walker, et al.

The plaintiffs, Martina and Eddie Smith (“Buyers”), filed suit in the Madison County
Circuit Court (“Trial Court”) regarding their purchase of a piece of real property from the
defendant, Donna Jean Walker (“Seller”). Buyers alleged intentional misrepresentation,
negligent misrepresentation, and failure to disclose the presence of mold within the home.
The Trial Court granted summary judgment in favor of Seller. Buyers previously filed an
appeal to this Court regarding the grant of summary judgment. During that appeal, this
Court held that the Trial Court had not provided a sufficient basis for granting Seller’s
motion for summary judgment and remanded for entry of a new order explaining its
reasoning. Thereafter, the Trial Court entered a revised order providing detailed reasoning
for its grant of summary judgment in favor of Seller on each of Buyers’ claims against her.
Buyers timely appealed the revised order to this Court. During this second appeal, Buyers
filed essentially the same brief as in the previous appeal despite entry of the Trial Court’s
revised order following remand. Because Buyers failed to address the revised order in their
appellate brief and failed to cite to the record submitted to this Court in this appeal, Buyers
waived their issues for appeal by failing to comply with Tenn. R. App. P. 27 and Tenn. Ct.
App. R. 6. We, therefore, affirm the judgment of the Trial Court in its entirety.