Preview:

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
July 6, 2004 Session TAMI SPRINTZ HALL ET AL v. RICHARD HAMBLEN, ET AL.
Appeal from the Chancery Court for Davidson County No. 99-1663-I Irvin H. Kilcrease, Jr., Chancellor

No. M2002-00562-COA-R3-CV - Filed August 16, 2004

Homeowners of a new residence brought an action against a subcontractor for breach of contract, negligent misrepresentation, professional negligence, and violation of the Tennessee Consumer Protection Act. The trial court found that there was a breach of contract and awarded attorney's fees under the Tennessee Consumer Protection Act. Subcontractor appealed insisting that because no violation of the TCPA was found, the trial court lacked a basis to award attorney's fees. We agree and reverse the judgment of the trial court with respect to the award of attorney's fees. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Reversed in Part. PATRICIA J. COTTRELL, J., delivered the opinion of the court, in which WILLIAM B. CAIN , and FRANK G. CLEMENT , JR., JJ., joined. Robert J. Notestine III, Nashville, Tennessee, for the appellant, Richard Hamblen d/b/a Contractor's Mirror & Glass. Jill A. Hanson, Nashville, Tennessee, for the appellees, Tami Sprintz Hall and Jeffrey Hall. OPINION The sole issue presented in this appeal is whether the trial court properly awarded attorney's fees pursuant to the Tennessee Consumer Protection Act ("TCPA") in an action that involved a contract for window installation services. The trial court did not provide in its order any finding that the subcontractor violated the TCPA, and the fee provision of TCPA does not support the award of attorney's fees without a violation. Therefore, we hold that attorney's fees pursuant to Tenn. Code Ann.

Download HallT.pdf

Tennessee Law