Session January 26, 2017
from the Chancery Court for Sevier County No. 14-5-175
Telford E. Forgety, Jr., Chancellor
appeal involves post-judgment proceedings following a final
judgment in favor of the city that the appellants pay $45,
175 for unpaid maintenance fees on their commercial real
property. The appellants appeal the trial court's action
overruling a motion to pay the judgment by installments under
the so-called "slow-pay" statute, Tennessee Code
Annotated section 26-2-216. We affirm the decision of the
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed; Case Remanded.
Matthew A. Grossman and Kevin A. Dean, Knoxville, Tennessee,
for the appellants, Maury R. Greenstein and Joan Greenstein.
H. Ripley, Sevierville, Tennessee, for the appellee, City of
W. McClarty, J., delivered the opinion of the court, in which
D. Michael Swiney, C.J., and Thomas R. Frierson, II, J.,
W. MCCLARTY, JUDGE.
City of Gatlinburg ("City") sued Maury R. and Joan
Greenstein ("the Greensteins"), residents of Ohio,
for unpaid maintenance fees relating to the Greensteins'
ownership of commercial real property in City. These
properties have been the subject of prior appeals: City
of Gatlinburg v. Kaplow, No. E2013-01941-COA-R3-CV, 2014
WL 2194517 (Tenn. Ct. App. May 27, 2014), appeal
denied (Oct. 22, 2014); Kaplow v. City of Gatlinburg
Bd. of Adjustments & Appeals, No.
E2014-00347-COA-R3-CV, 2015 WL 3964212 (Tenn. Ct. App. June
the trial court referred this case to a special master,
hearings were conducted in February 2016. On March 30, 2016,
the trial court again took up the matter to hear exceptions
to the special master's report. On April 14, 2016, a
final judgment in the amount of $45, 175 was issued in favor
of City. The Greensteins did not appeal from the final
judgment. However, on July 5, 2016, they filed a motion
pursuant to Tennessee Code Annotated section 26-2-216 to pay
the judgment by monthly installments of $1, 250. In the
initial affidavit in support of their motion to pay by
installments, the Greensteins asserted that "over the
past six (6) months our rental properties in Gatlinburg,
Tennessee have operated at a net loss."
response in opposition, City incorporated the sworn testimony
of Stuart Kaplow (the Greensteins' lessee) from the
special master's hearing. Kaplow testified that he
operated the Greensteins' 175 rental units in City and
that the units produced income of $100 to $225 per unit, per
week. City argued that using a medium unit charge of $150 per
week, the properties would produce an annual gross income of
$1, 365, 000 (175 units x $150 x 52 weeks = $1, 365, 000).
addition to Kaplow's testimony, City's response
included deeds revealing ownership by the Greensteins of
various properties in Tennessee, Ohio, and Florida. The
Greensteins' affidavit, however, fails to mention their
ownership of properties in Florida and Ohio or other assets.
No details were provided ...