Estate of Mary Ruth Pinkston
Jun 03, 2015OUTCOME: Handled the estate to the satisfaction of my client
Opened an estate for a creditor. Brought real property into the estate. Sold real property.
Arthur Massey Fowler III's Legal Cases (4)
Johnson City, TN
Probate Lawyer at Johnson City, TN
Practice Areas: Probate, Litigation ... +3 more
Borla Performance Indus. v. Universal Tool & Engineering, Inc.,
May 26, 2015OUTCOME: Judgment affirmed for our client; case remanded to trial court for enforcement of the judgment and collection of costs assessed.
[1] In a breach of contract action, the trial court did not err by refusing to award plaintiff lost profits because it failed to prove with reasonable certainty that its lost profits were caused by def ... endant’s breach as there were other factors that likely caused the losses, including the sharp general economic downturn in 2008; plaintiff’s labor problems and costs associated with its plant relocation; and its actions resulting in delays getting the California benders repaired and in production; [2] The court further held that the trial court properly dismissed plaintiff’s Tennessee Consumer Protection Act (TCPA), Tenn. Code Ann. § 47-18-101 et seq., claim because there was no evidence of deceptive or misleading conduct on the part of defendant as statements as to represented deadlines and that defendant would take good care of the machines were not actionable under the TCPA.
Cradic v. McCoy Motors, Inc.
Oct 20, 2014OUTCOME: Judgment affirmed in favor of our client; case remanded
[1]-In a contract dispute, judgment was properly awarded against a debtor because a creditor demanded payment at the end of the 12 month period in a note and expressed an intention not to renew the not ... e; [2]-The debtor could not unilaterally keep the agreement going, despite the creditor's expressed demands; [3]-The note became due and payable at the end of the 12 month period during which demand was made; [4]-By the wrongful refusal of the debtor to pay the balance due as demanded, the debtor could not keep the note unpaid until the creditor's death in order to trigger a provision providing for the balance of the principal to go to the individuals; therefore, a judgment was properly entered against them to recover those funds.
Estate of Nola P. Bailey
Jan 10, 2013OUTCOME: Successfully handled estate
An estate involving a reverse mortgage.
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