John Winston Heacock's Legal Cases (2)

Appeals

Brookridge Apts., Ltd. v. Universal Constructors, et al., 01A01-9709-CV-00523 (Tenn. Ct. App. 1998)

Aug 05, 1998

OUTCOME: Successfully defended architect against appeal seeking to reinstate a dismissed lawsuit.

A relatively simple appeal that held that an attorney's failure to properly represent his client did not constitute "excusable neglect" under TRCP Rule 60's provisions allowing a suit to be reinstated ... after dismissal (in this case, for want of prosecution within one year).

Appeals

Trostel v. American Life & Cas. Ins. Co., 92 F.3d 736 (8th Cir. 1996).

Aug 14, 1996

OUTCOME: Helped obtain a $2.3M+ judgment for heirs of a building lessor.

I was part of appellate team that won a $2.3M+ judgment for arrearages $20M+ in future rents by enforcing a clause that allowed rent to be paid in gold coins. This remarkable and complicated case went ... twice to the United States Supreme Court. Trostel v. American Life & Cas. Ins. Co., 92 F.3d 736 (8th Cir. 1996) (Trostel I), vacated, 117 S. Ct. 939 (1997); Trostel v. American Life & Cas. Ins. Co., 133 F.3d 679 (8th Cir.) (Trostel II) (reinstating Trostel I), cert. denied, 118 S. Ct. 2359 (1998).

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