Appeals Court Cuts 18% Interest Rate Award, Gives Attorney's Fees In Chattanooga Case

Friday, July 04, 2014

The Tennessee Court of Appeals has cut an 18 percent interest rate award and given attorney fees in a Chattanooga case.

Raines Brothers sued H.Michael Chitwood and James Dreaden in a case handled by Circuit Court Judge Jackie Bolton.

The contract action was brought after Mr. Chitwood failed to pay for construction work on a home he was occupying, but was owned by trustee Dreaden.

 Following a bench trial, Judge Bolton awarded Raines a judgment against Mr. Chitwood and Mr. Dreaden (collectively) in the amount of $66,762.71.

She also awarded pre-judgment interest at the rate of 18 percent per year, going back to Aug. 14, 2007.

Judge Bolton denied Raines’s claim for attorney's fees.

The Appeals Court upheld the judgment of $66,762.71 against Mr. Chitwood, but reversed the judgment against Mr. Dreaden.

The court modified the rate of interest from 18 percent per year to 10 percent "in accordance with relevant statutory and case law."

The Appeals Court also reversed the trial court’s denial of Raines’s claim for attorney's fees. It was sent back "for a determination of the proper amount of interest to be charged, as well as a reasonable award of attorney’s fees."

Attorneys R. Wayne Peters and Gary L. Henry represented Chitwood and Dreaden.

Attorneys Sheri A. Fox and Marcie Kiggans Bradley represented Raines Brothers.

Baker Donelson's Health Law Group Earns Multiple Top Ten Rankings

The Health Law Department at Baker Donelson has earned several honors recognizing the group as one of the leading health care practices in the United States. Baker Donelson was ranked seventh on the American Health Lawyers Association's "Top Honors 2014" list of health law firms in the United States; earned a spot in the top ten of Modern Healthcare's "Largest Healthcare Law ... (click for more)

Unum Operating Earnings Rise In Second Quarter

Unum, a provider of financial protection benefits in the U.S. and U.K., released its second quarter earnings report Wednesday with results that reflect a strong quarter. The company’s core businesses – Unum US, Unum UK and Colonial Life - produced higher year-over-year operating earnings with some very encouraging sales trends, said officials. Overall, operating earnings per share ... (click for more)

County Commission Chairmanship Up For Grabs After Exit Of Henry, Skillern

The chairmanship of the County Commission is up for grabs after the exit of two commissioners who have held the post in recent years. Larry Henry is moving on to serve as Circuit Court clerk. Fred Skillern was upset by Randy Fairbanks in the Republican primary. Most of the returning commissioners have their eye on the possibility of taking over as chairman, or at least getting ... (click for more)

PAST Act On Horse Abuse Stalls Out In U.S. House Despite 70% Support

Rep. Ed Whitfield (KY-01), chairman of the House Subcommittee on Energy and Power, issued the following statement today regarding the Prevent All Soring Tactics (PAST) Act, H.R. 1518:   “I regret to inform you that Speaker of the House, John Boehner, currently refuses  to bring the Prevent All Soring Tactics (PAST) Act to the floor for a vote.  His decision ... (click for more)

Curtis Adams: Beck, Mackey Should Be Considered For County Commission Leadership

Just think about this;  a person highly qualified applying for a job.  As he is just about finished filling out his papers for his interview, he sees at the bottom there is a place for him to check Democrat or Republican.  He would think, “if I mark the wrong one I may not get the job.” Being a real leader requires honesty, integrity, and, most importantly, fairness. ... (click for more)

Roy Exum: Orchids And Onions

With record low temperatures being recorded around the South, I didn’t know what I’d find in my garden on the first day of August but – sure enough -- there is a profusion of orchids and onions. The start of college football will be later this month and, with the chilly mornings, fall practice is a far cry from what it will be when the sweltering heat comes back next week. Here’s ... (click for more)