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Connell v. Scullark

Court of Appeals of Tennessee, Jackson

December 8, 2014

GARY CONNELL, ET AL.
v.
MIA SCULLARK

Session Date November 14, 2014

Direct Appeal from the Circuit Court for Shelby County No. CT-005572-13 James F. Russell, Judge

Mia Scullark, Pro se.

Bruce Lee Feldbaum and Mark Cantora, Memphis, Tennessee, for the appellees, Gary Connell and Tim Newell.

Brandon O. Gibson, J., delivered the opinion of the Court, in which Arnold B. Goldin, J. and Kenny Armstrong, J., joined.

OPINION

BRANDON O. GIBSON, JUDGE

On November 22, 2013, Plaintiffs Gary Connell and Tim Newell filed a forcible entry and detainer warrant in Shelby County General Sessions Court against the occupant of 4022 Claree Drive. The General Sessions summons indicated the warrant was posted on the property on November 25, and a hearing was set for December 9, 2013. The General Sessions Judge entered judgment for possession only in favor of the Plaintiff on December 16, 2013.

On that same date, December 16, 2013, Mia Scullark ("Scullark") filed a notice of appeal to Shelby County Circuit Court. A little more than a month later, on January 30, 2014, Plaintiffs Gary Connell and Tim Newell d/b/a Tennessee Investment Properties filed a Motion for Summary Judgment, accompanied by a Statement of Undisputed Material Facts. In their Statement of Facts, Plaintiffs alleged that they "acquired title to the property located at 4022 Claree Dr., Memphis, TN 38116 at foreclosure sale of the property which was held on or about November 18, 2013, at which time the Plaintiff [sic] was the successful bidder for the said property." In support of their motion, Plaintiffs attached a copy of a Substitute Trustee's Deed to "Tennessee Investment Properties, a Tennessee General Partnership." The Substitute Trustee's Deed was recorded in the Shelby County Register's office on November 22, 2013 at 10:58 a.m. Plaintiffs also challenged Scullark's standing to appeal.

While inartfully drafted, Scullark, proceeding pro se, responded to Plaintiffs' motion for summary judgment by asserting that she purchased 4022 Claree from the parties against whom the foreclosure was proceeding, Johnny B. and Sheila Tucker.[1] She also asserted that she "register[ed] title" to the property in S & H Home Solutions[2] and recorded a warranty deed on November 22, 2013 at 3:06 p.m. The deed to S & H Home Solutions was attached to Scullark's Motion as an exhibit.

On March 25, 2014, the Circuit Court of Shelby County entered an Order granting Plaintiffs' motion for summary judgment dismissing Scullark's appeal, affirming the judgment of the General Sessions Court, and remanding the case.

ISSUE

The appellant presents the following issue on appeal: whether the trial court properly granted Plaintiffs' motion for summary judgment.

STANDARD OF REVIEW

A motion for summary judgment should be granted only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Tenn. R. Civ. P. 56.04. "The party seeking the summary judgment has the burden of demonstrating that no genuine disputes of material fact exist and that it is entitled to a judgment as a matter of law." Green v. Green, 293 S.W.3d 493, 513 (Tenn. 2009) (citing Martin v. Norfolk S. Ry., 271 S.W.3d 76, 83 (Tenn. 2008); Amos v. Metro. Gov't of Nashville & Davidson County, 259 S.W.3d 705, 710 (Tenn. 2008)). "If reasonable minds could justifiably reach different conclusions based on the evidence at hand, then a genuine question of fact exists." Id. at 514 (citing Martin, 271 S.W.3d at 84; Louis Dreyfus Corp. v. Austin Co., 868 S.W.2d 649, 656 (Tenn. Ct. App. 1993)). "If, on the other hand, the evidence and the inferences reasonably drawn from the evidence would permit a reasonable person to reach only one ...


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