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Allied Business Brokers, Inc. v. Abed Amro, et al. - Memorandum Opinion
State: Tennessee
Court: Court of Appeals
Docket No: W2008-00320-COA-R3-CV
Case Date: 09/30/2008
Plaintiff: Allied Business Brokers, Inc.
Defendant: Abed Amro, et al. - Memorandum Opinion
Preview:IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON
September 17, 2008 Session ALLIED BUSINESS BROKERS, INC. v. ABED AMRO, ET AL.
Direct Appeal from the Chancery Court for Shelby County No. CH-05-1590-2 Arnold B. Goldin, Chancellor

No. W2008-00320-COA-R3-CV - Filed September 30, 2008

Tenn. R. App. P. 3 Appeal as of Right; Appeal from Judgment of the Chancery Court Dismissed; and Remanded DAVID R. FARMER , J., delivered the opinion of the court, in which HOLLY M. KIRBY , J., and J. STEVEN STAFFORD , J., joined. Aaron L. Thomas, Memphis, Tennessee, for the appellants, Abed Amro and Nida Amro. J. D. Barton, Millington, Tennessee, for the appellee, Allied Business Brokers, Inc. MEMORANDUM OPINION1 This is the second appearance of the dispute between these parties in this Court. This lawsuit has its genesis in a 1995 general sessions court action wherein Plaintiff/Appellee Allied Business Brokers, Inc. ("Allied') sought damages for breach of contract. The facts and procedural history of the breach of contract action are recited in Allied Business Brokers, Inc. v. Abraham Musa, et al., No. W1999-00378-COA-R3-CV, 2000 WL 33191373 (Tenn. Ct. App. Nov. 22, 2000) (perm. app. denied May 14, 2001), and we find it unnecessary to repeat them here. In Allied Business, we held Defendant Abed Amro (Mr. Amro) was bound by the terms of a brokerage contract that he had signed on behalf of his friend, Defendant Abraham Musa. We remanded the matter to the trial court for entry of a judgment in favor of Allied. Id. at *4. In the meantime, in 1997 Mr. Amro conveyed certain real property to his wife, Nida Amro (Ms. Amro).
1

Rule 10 of the Rules of the Court of Appeals of Tennessee provides:

This Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion w ould have no precedential value. When a case is decided by memorandum opinion it shall be designated "MEM ORANDUM OPINION", shall not be published, and shall not be cited or relied on for any reason in any unrelated case.

In August 2005, Allied filed a complaint styled "Complaint to set aside fraudulent conveyance and to impose a constructive trust" against Mr. Amro and Ms. Amro ("the Amros") in the Chancery Court for Shelby County. In its complaint, Allied alleged that it was a judgment creditor and that the 1997 conveyance was fraudulent. Allied prayed that the conveyance be set aside and for the imposition of a constructive trust and/or equitable lien in the amount of $17,346.00, plus interest in the amount of $10,407.60. The Amros moved to dismiss the complaint as barred by the statute of limitations under Tennessee Code Annotated
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