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.

BlueCross BlueShield Of Tennessee Foundation To Endow WGU Tennessee Scholarship

BlueCross BlueShield of Tennessee Foundation will endow $10,000 in scholarship funds to WGU Tennessee, the state-endorsed, nonprofit online university launched last summer as part of Gov. Bill Haslam’s “Drive to 55” initiative, officials announced. “There’s a gap in the health care industry when it comes to medical analytics and nursing analytics professions in Tennessee,” said ... (click for more)

Tennessee Grocers And Convenience Store Association Names New Board

The Tennessee Grocers & Convenience Store Association has named its 2014 – 2015 Board of Directors.  Chairman John Edd Wampler of Family Brands International, LLC of Lenoir City and the Board’s other officers and directors were elected at the Board’s annual meeting. The members of the TGCSA 2014-15 Board of Directors are: Chairman:  John Edd Wampler, Family Brands ... (click for more)

City Sound Control Ordinance Goes Into Effect In 30 Days

A controversial Downtown Sound Control Ordinance will go into effect in 30 days after being approved by the City Council on second reading. Councilwoman Carol Berz said she believes it is a good ordinance, but not a perfect one, and that it should be under continual review for possible revisions. The ordinance itself calls for it to be examined at the end of the first year. ... (click for more)

Boy, 15, Shot In The Shoulder On Taylor Street

A 15-year-old boy was shot in the shoulder on Taylor Street on Tuesday night. At approximately 7 p.m., Chattanooga Police received a call of shots fired in the area of 3200 Taylor  and were advised at 7:22 p.m. that a person arrived at a local hospital suffering from a gunshot wound. Investigators were advised that the young black male sustained a gunshot wound to his ... (click for more)

Noise Fallout Coming Soon On Chattanooga's Flawed Sound Control Ordinance - And Response (3)

I have been practicing acoustical, audio and sound engineering for more than twenty years. Since I understand many aspects of sound, I sent the enclosed letter to the Chattanooga City Council members regarding some of my concerns on the impending noise ordinance changes. My comments were unacknowledged.     August 19, 2014 Dear Chattanooga ... (click for more)

Roy Exum: Al Sharpton’s Wise Remarks

I’ll admit I paid little more than scant attention to the Monday funeral of Michael Brown, the 18-year-old who was shot and killed by police bullets in Ferguson, Mo., after he allegedly was involved in strong-armed robbery. There are too many tawdry details and, in my way of thinking, there is nothing under God’s sun, absolutely nothing, that gives others the right to riot, burn ... (click for more)