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

Friday, July 4, 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.

TVA Clears Johnsonville Steam Supply Project

An environmental review by TVA has concluded there will be no significant environmental impacts with construction and operation of a heat recovery steam generator located at TVA’s Johnsonville plant site. The generator will provide steam for cogeneration use after the coal plant closes in late 2017.  The review considered the environmental effects of two alternatives: A) ... (click for more)

Representative DesJarlais Introduces The Andrew P. Carpenter Tax Act

Representative Scott DesJarlais has introduced H.R. 2874, the Andrew P. Carpenter Tax Act.  Lance Corporal Andrew P. Carpenter of Columbia, Tn. lost his life on February 19, 2011, while serving his country in Afghanistan. Three years prior to his tour of duty, Lance Corporal Carpenter took out a private student loan. Although this loan was ultimately forgiven by the loan ... (click for more)

Healy Says Bass Pro Shop At East Ridge To Get Underway Next Month, New Hotel, Restaurants Planned Nearby; Sewers Are An Issue

Commercial realtor John Healy said Thursday that construction is set to start next month on the Bass Pro Shop at Exit 1 in East Ridge. He said it is due to open next May. Mr. Healy also said Wolftever Development that is carrying out the project has also bought additional land near the Bass Pro Shop site at the entrance to Camp Jordan Park. He said one purchase is America's Best ... (click for more)

Work Set To Start In October On $28 Million Retail, Office, Apartment Development At The 700 Block of Market Street

An Atlanta developer said work will start in October on a $28 million retail, office and apartment complex in the long-vacant middle of the 700 block of Market Street. Boyd Simpson of the Simpson Company said the project was made possible because his firm also owns the adjacent SunTrust Tower and can use some of its excess parking for occupants of the new building. He said ... (click for more)

Police Need To Stop The Road Cowboys - And Response (2)

Where is our highway patrol?  If they were known to regularly patrol our interstate highways through our city I don't think it would take long before the "truckers" were aware of it.  There are places in our country where this is the case.   When I have traveled Interstates 24 and 75 I may see the occasional car pulled over but rarely if ever is it an 18-wheeler. ... (click for more)

Roy Exum: Never Disturb The Dead

I’ve got too many things in my life that scare me so I’ve always been real leery of “unnecessary fear.” A guy named Terry wanted to teach me how to catch a live rattlesnake one time but had a tough time telling me what exactly to do with the angry serpent when the time came to let it go. I have the same view of these paranormal societies where otherwise sane people go around looking ... (click for more)