Session August 15, 2017
from the Circuit Court for Davidson County No. 14C4843Joseph
P. Binkley, Jr., Judge.
appeals the denial of its Tennessee Rule of Civil Procedure
24 motion to intervene in the underlying lawsuit. Because the
order appealed is not final, this Court has no subject-matter
jurisdiction to hear the appeal. Tenn. R. App. P. 3(a).
R. App. P. 3 Appeal as of Right; Appeal Dismissed
Vincent Williams, Nashville, Tennessee, for the appellant,
C. Sales and Frankie N. Spero, Nashville, Tennessee, for the
appellee, Dialysis Clinic, Inc.; L. Vincent Williams,
Nashville, Tennessee, for the appellees, Canvas Lounge, 3
Entertainment Group, LLC, Kevin E. Medley, and Kevin Medley,
LLC; Samuel L. Felker, Memphis, Tennessee, for appellee
Armstrong, J., delivered the opinion of the court, in which
Arnold B. Goldin and Brandon O. Gibson, JJ., joined.
Dialysis Clinic, Inc. ("DCI") is the owner of 1703,
1705, 1707, and 1709 Church Street, Nashville (the
"Church Street Properties"). In 2004, before DCI
purchased the Church Street Properties, its predecessor in
interest, Ralph Gordon, conveyed leasehold interests in the
Church Street Properties to Ted Jensen and Outloud!, Inc.
("Outloud!, " or "Appellant") pursuant to
two leases. The first lease, which was executed on February
1, 2004, was between Mr. Gordon, Mr. Jensen, and Outloud!
(the "1707/1709 Lease"). The second lease, which
was executed on July 1, 2004, was between Mr. Gordon, Mr.
Jensen, individually, and d/b/a Outloud! (the "1703/1705
Lease"). Kevin Medley is the sole shareholder of
Outloud!. Ted Jensen served as the Secretary and Registered
Agent for Outloud! After The 1707/1709 Lease and the
1703/1705 Lease were executed, Mr. Jensen sublet the Church
Street Properties to Mr. Medley pursuant to two sublease
of 2012, DCI purchased the Church Street Properties from Mr.
Gordon. In conjunction with the purchase, Mr. Gordon assigned
the 1703/1705 Lease and the 1707/1709 Lease to DCI. These
leases provided for termination of the lease for failure to
pay rent. Mr. Jensen and Outloud! failed to make rent
payments to DCI. On June 21, 2013, DCI sent notice of
termination of the leases to Mr. Jensen and Outloud!
21, 2013, DCI filed unlawful entry and detainer actions (one
for each of the Church Street Properties) against Mr. Jensen
and Outloud! On August 2, 2013, the general sessions court
entered judgments against Mr. Jensen and Outloud! (the
"First Action"). The general sessions court awarded
judgment for unpaid rent, damages, attorney's fees and
costs; DCI was also awarded possession of the Church Street
Properties. More than two years after the general sessions
court entered judgments in the First Action, Outloud! filed a
petition for writ of certiorari, seeking appeal of the
general sessions court's judgments in the circuit court.
Following dismissal of the petition for writ of certiorari,
Outloud! appealed to this Court, and we affirmed the trial
court's dismissal of its petition. Outloud!, Inc. v.
Dialysis Clinic, Inc., et al., No.
M2016-01528-COA-R3-CV, 2017 WL 4004161 (Tenn. Ct. App. Sept.
October 14, 2014, DCI filed three separate unlawful entry and
detainer actions. The first action was brought against Kevin
Medley, to whom Ted Jensen sublet the Church Street
Properties. The second and third lawsuits were brought
against Canvas 3 Entertainment and Outcentral, to which Mr.
Medley sublet the Church Street Properties. These actions
were later consolidated and removed to the Circuit Court in
November of 2014 (the "Present Action"). On
February 26, 2016, DCI filed a motion for summary judgment,
which was set for hearing on April 8, 2016. The motion for
summary judgment was never heard or adjudicated.
April 6, 2016, without first seeking leave of court, Outloud!
filed its First Intervening Complaint in the Present Action,
which intervening complaint was stricken for failure to
comply with Tennessee Rule of Civil Procedure 24. Thereafter,
on July 12, 2016, Outloud! filed a motion to intervene and a
Second Intervening Complaint in the Present Action. DCI
opposed the motion on the ground of prior suit pending and
failure to satisfy the requirements of Tennessee Rule of