Adriane Allen v. American Yeast, Inc., et al.

Case Number
W2017-00874-COA-R3-CV

This appeal involves a post-mediation agreement reached between a plaintiff and the defendants following a car collision in Memphis, Tennessee. After the agreement was executed, the plaintiff refused to perform under the contract. The trial court determined that the agreement was an enforceable contract and ordered compliance with its terms. The plaintiff continued to refuse to perform, and the defendants filed a motion to hold the plaintiff in civil contempt. The plaintiff’s counsel filed a motion requesting the trial court to require the defendants to interplead the settlement funds despite the plaintiff’s nonperformance. The trial court denied the motion for civil contempt, granted the motion for interpleader of the settlement funds, and dismissed the case with prejudice. On appeal, we conclude that the plaintiff lost the ability to appeal the validity of the post-mediation agreement by failing to file a timely appeal. We further conclude that the trial court erred in considering the motion to interplead the settlement funds filed by the plaintiff’s attorney but affirm the trial court’s final order in all other respects. We, therefore, vacate in part, affirm in part, and remand for further proceedings consistent with this opinion.

Authoring Judge
Judge Brandon O. Gibson
Originating Judge
Judge Gina C. Higgins
Case Name
Adriane Allen v. American Yeast, Inc., et al.
Date Filed
Dissent or Concur
No
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