Bobby MacBryan Green v. Michael John May Et Al.

The issues in the former underlying action and the present controversy pertain to an easement dispute that arose from a joint driveway agreement. A final judgment in the underlying action, titled “Consent Agreement and Order” (hereinafter “the Consent Order”), was entered in July 2013, from which there was no appeal. The final judgment was also duly recorded in the office of the Washington County Register of Deeds on August 5, 2013. The only parties to the former action were the plaintiff, Bobby MacBryan Green (“Mr. Green”), and the defendant, Michael John May (“Mr. May”). In 2021, Daniel Anthony (“Mr. Anthony”) purchased the property previously owned by Mr. May. In December 2023, Mr. Green obtained and filed an order of extension with the Washington County Circuit Court to extend the judgment entered in 2013. Shortly thereafter, Mr. Green filed a motion to show cause alleging that Mr. Anthony had violated the Consent Order and personally handed the motion to Mr. Anthony. One week later, Mr. Green filed a motion for joinder of Mr. Anthony pursuant to Tennessee Rule of Civil Procedure 19, which was also hand delivered to Mr. Anthony. Mr. Anthony’s counsel made a limited appearance opposing the relief sought on multiple grounds. Following a hearing on Mr. Green’s motions, the trial court found that Mr. Anthony was not a proper or feasible party capable of being joined in the former 2013 action. Based on this finding, the court denied Mr. Green’s motion for joinder and dismissed the show cause motion as moot. Mr. Green appeals. Finding no error, we affirm the trial court in all respects. In his brief, Mr. Anthony asks this court to award him the attorney’s fees and expenses he incurred in defending this appeal, contending that the appeal is frivolous. Finding that the appeal is devoid of merit and, therefore, frivolous, we remand this matter to the trial court to award Mr. Anthony his reasonable and necessary attorney’s fees and expenses incurred in defending this frivolous appeal.