Family Trust Services LLC et al v. Green Wise Homes LLC et al

This appeal involves claims by four plaintiffs against an attorney, his business partner,

and the attorney’s and partner’s limited liability company. The plaintiffs claim that the

defendants fraudulently redeemed properties sold via tax sales, utilizing forged or

fraudulent documents. Following a bifurcated jury trial, the plaintiffs’ claims were

dismissed except for the claim of one plaintiff against the attorney defendant, which

resulted in a verdict for damages in the amount of $53,450. The trial court subsequently

denied a motion for new trial filed by the plaintiffs. The plaintiffs have appealed. Upon

thorough review, we conclude that the trial court’s denial of the plaintiffs’ motion for

new trial should be reversed. However, we affirm the trial court’s pre-trial determination

that judgment on the pleadings was appropriate concerning the plaintiffs’ claims of unjust

enrichment and “theft” of the right of redemption. We further affirm (1) the trial court’s

grant of summary judgment in favor of the defendants concerning the plaintiffs’ claim

based on Tennessee Code Annotated § 66-22-113 and (2) the court’s denial of the

defendant company’s motion to dissolve the lien lis pendens on its property. The

remaining issue raised by the defendants is pretermitted as moot. We remand this matter

to the trial court for a new trial.