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Northgate Limited Liability Co. v. Amacher

Court of Appeals of Tennessee, Nashville

July 11, 2019

NORTHGATE LIMITED LIABILITY COMPANY, ET AL.
v.
RANDALL AMACHER, ET AL.

          Session May 7, 2019

          Appeal from the Circuit Court for Coffee County No. 43053, 42207 L. Craig Johnson, Judge

         This appeal involves multiple claims asserted against multiple parties. From our review of the record, the orders appealed do not resolve all of the claims asserted in the complaint. As a result, the judgment of the trial court is not final, and this Court lacks jurisdiction to consider the appeal. The appeal is hereby dismissed.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Floyd Don Davis, Winchester, Tennessee, for the appellants, Randall Amacher and Christy Amacher, individually and d/b/a Merle Norman.

          Carson W. King and Karl M. Braun, Nashville, Tennessee, for the appellees, Matthew B. Eads, David Crabtree, and Brookside Properties, Inc.

          Clifton N. Miller, Tullahoma, Tennessee, for the appellee, Joe Lester.

          Carma D. McGee, J., delivered the opinion of the court, in which Richard H. Dinkins, J., and J. Steven Stafford, P.J., W.S., joined.

          MEMORANDUM OPINION [1]

          CARMA D. McGEE, JUDGE

         I. Facts & Procedural History

         This litigation involves a commercial lease. In 2015, a suit for breach of the lease was filed in circuit court by the lessor, Northgate Limited Liability Company, against the lessees, Randall and Christy Amacher, individually and d/b/a Merle Norman. In 2016, a separate suit was filed in circuit court by the Amachers, individually and d/b/a Merle Norman, against other defendants - Matthew Eads, David Crabtree, Brookside Properties, Inc., and Joe Lester. The complaint filed in the second suit requested a judgment in the amount of $900, 000 against these defendants "for breach of contract, inducement of breach of contract, and misrepresentation." The trial court entered an order providing that the two cases would be consolidated and heard jointly pursuant to Tennessee Rule of Civil Procedure 42.01 pending further orders of the court because they involved common questions of law or fact.[2]

         In the second lawsuit, defendants Eads, Crabtree, Brookside Properties, and Lester all moved for summary judgment. The trial court entered an opinion and order granting summary judgment to defendants Eads, Crabtree, and Brookside Properties, finding no genuine issue of material fact as to the claims for "inducement of breach of contract or fraud." However, the trial court failed to mention or resolve the Amachers' breach of contract claim against these defendants. The trial court's opinion and order also granted the summary judgment motion filed by Lester, finding no genuine issue of material fact as to whether he interfered with the contract. However, the trial court failed to resolve the breach of contract claim against Lester or the fraud claim asserted against him. Nevertheless, the trial court's order stated that it was final and appealable as it pertained to the second lawsuit filed by the Amachers. The Amachers filed a notice of appeal, listing only the docket number for the second lawsuit. The first lawsuit, for breach of the lease agreement, remained pending before the trial court.

         II. ...


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