Nikita R. Thomas v. Donald L. Smith

In this real property dispute, the petitioner brought an action to quiet title to and remove
the respondent from a parcel of improved real property located in Cumberland County.
Following a bench trial, the trial court ordered that the title of the property be fully vested
in the petitioner. The trial court also ordered the respondent to vacate the premises within
ten days. Following a damages hearing, the trial court entered an order awarding to the
petitioner $8,000 in compensatory damages and $1,000 in attorney’s fees. The
respondent has appealed, and the petitioner has raised an issue alleging that this is a
frivolous appeal. Because we are unable to discern from the trial court’s judgment any
consideration of the Tennessee Supreme Court Rule 8, Rule of Professional Conduct 1.5
factors (“RPC 1.5 factors”), we vacate the award of attorney’s fees and remand for the
trial court to make a new determination of a reasonable attorney’s fee award to the
petitioner based on the RPC 1.5 factors. We deny the petitioner’s request for damages on
appeal. We affirm the trial court’s judgment in all other respects.