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Jimmy N. White v. Bruce White

Citation: Not availableDocket: W2010-00891-COA-R3-CV

Court: Court of Appeals of Tennessee; February 3, 2011; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case concerns the dissolution of a land development partnership between two parties, resulting from allegations of misappropriation of funds by the Defendants. After prolonged litigation, the parties reached a settlement, including a judgment against the Defendants and the division of partnership assets. Disputes arose regarding the distribution of proceeds from the sale of partnership property, with the Defendants seeking additional funds beyond the agreed terms. The trial court denied this request, and the appellate court affirmed the decision, emphasizing the binding nature of the settlement agreement. The court highlighted the principle that consent decrees cannot be contested by parties who have agreed to them. The Defendants' appeal was deemed frivolous, and the court awarded attorney’s fees to the Plaintiffs, as provided under Tennessee Code Annotated section 27-1-122. The case was remanded to the trial court for determination of the reasonable attorney’s fees, with the costs of the appeal imposed on the appellant, Bruce White, and his surety.

Legal Issues Addressed

Binding Nature of Settlement Agreements

Application: The court upheld the terms of the settlement agreement, emphasizing its binding nature and the parties' affirmation of its fairness.

Reasoning: The court emphasized that all parties had affirmed the fairness and understanding of the settlement terms in court, rejecting Defendants' retrospective claims for additional funds.

Dissolution of Partnership and Asset Distribution

Application: The court enforced the dissolution of a land development partnership and the distribution of its assets according to the settlement terms reached by the parties.

Reasoning: The settlement stipulated that funds held by the clerk would be divided, with half going to the Plaintiffs and the other half credited toward the judgment.

Frivolous Appeals and Attorney’s Fees

Application: The court granted attorney’s fees to the Plaintiffs, deeming the Defendants' appeal frivolous under Tennessee Code Annotated section 27-1-122.

Reasoning: The court finds it fair to grant the Plaintiffs their attorney’s fees on appeal.

Unassailability of Consent Decrees

Application: The appellate court affirmed the principle that a party cannot contest the terms of a consent decree to which they have agreed.

Reasoning: The ruling underscored the binding nature of consent orders in Tennessee law, affirming that Defendants could not seek further compensation after agreeing to the distribution method.