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The CIT Group/Sales Financing v. Leslie Williams

Citation: Not availableDocket: 02A01-9706-CH-00120

Court: Court of Appeals of Tennessee; July 31, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case between CIT Group/Sales Financing, Inc. and Leslie R. Williams, the appellate court reviewed a trial court decision that awarded damages to Williams following the removal of a mobile home from his property. Initially, CIT held a security interest in the mobile home, which was abandoned by the Swilleys following their bankruptcy filing. Williams, having foreclosed on the property, claimed a superior interest in the mobile home and denied CIT access for repossession. CIT initiated a lawsuit, and the Chancery Court ultimately granted CIT possession, issuing a Writ of Possession. Despite this, Williams sought damages for alleged property damage, loss of use, and tax burdens. However, the appellate court found that Williams failed to prove CIT's actions caused the alleged damages and reversed the trial court’s award, as there was no evidence of CIT's liability or a legal basis for the tax claim. The appellate court remanded the case for further proceedings, assigning the costs of the appeal to Williams.

Legal Issues Addressed

Burden of Proof for Damages

Application: Williams was unable to prove that CIT proximately caused the alleged damages, which is a necessary requirement to recover damages.

Reasoning: To recover damages, Williams needed to prove that CIT or its agents proximately caused the damage. However, evidence indicated that the Swilleys were responsible for the foundation and driveway that needed removal, not CIT.

Loss of Use Claims

Application: Williams' claim for loss of use was dismissed because his refusal to allow CIT to remove the mobile home contributed to the alleged loss, not CIT's actions.

Reasoning: Williams claimed he was deprived of property use due to the mobile home being on his land, but he had refused to allow CIT to remove it. Thus, the loss was attributed to either the Swilleys' original placement of the mobile home or Williams' refusal to allow its removal, not CIT's actions.

Reversal of Trial Court's Award of Damages

Application: The appellate court found that the trial court erred in awarding damages to Williams, as there was insufficient evidence to support claims that CIT caused property damage or loss of use.

Reasoning: The court found that the trial court erred in awarding Williams damages of $1,500 for property damage allegedly caused by CIT's removal of a mobile home.

Taxation and Liability

Application: The appellate court reversed the trial court's award for property taxes, citing a lack of legal grounds to transfer tax liability from the real estate owner to the mobile home owner.

Reasoning: The appellate court could not ascertain which portion of these taxes was incurred while Williams refused the removal of the mobile home and found no legal basis to shift the tax burden from the real property owner to the mobile home owner.