Leo Charles Hillman et al. v. Young Street Partners II, LLC et al

This case involves the interpretation of a commercial lease provision containing a tenant improvement allowance.  Following a hearing, the trial court initially entered an order in August 2020, granting partial summary judgment in favor of the plaintiffs/assignees and directing the defendant/assignor, Young Street Partners II, LLC (“Young Street”), to reimburse the plaintiffs for $92,000.00 they had paid to a tenant claiming the improvement allowance, as well as costs, attorney’s fees, and statutory prejudgment interest.  Upon the filing of subsequent competing motions for summary judgment and following a hearing, the trial court confirmed its prior judgment in favor of the plaintiffs and further dismissed Young Street’s counterclaim for attorney’s fees and costs in an order entered in January 2021, thereby denying Young Street’s motion for partial summary judgment.  Following entry of an order of voluntary dismissal without prejudice against all defendants except Young Street and upon the plaintiffs’ motion, the trial court entered an order certifying its January 2021 order as final pursuant to Tennessee Rule of Civil Procedure 54.02.  Young Street has appealed.  Determining that the trial court improvidently granted summary judgment in favor of the plaintiffs, we vacate the judgment and remand this matter to the trial court for further proceedings.  We deny the plaintiffs’ request for an award of attorney’s fees on appeal.