Opinion

Metropolitan Government of Nashville and Davidson County, Tennessee v. James E. Brown

Court
Court of Appeals of Tennessee
Filed
Sep 28, 2012
Status
Published
On the bench
Judge Richard H. Dinkins
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

September 21, 2012 Session

METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON

COUNTY, TENNESSEE v. JAMES E. BROWN

Appeal from the Chancery Court for Davidson County

No. 11340IV Russell T. Perkins, Chancellor

No. M2012-00354-COA-R3-CV - Filed September 28, 2012

Defendant in suit to recover property taxes appeals from the trial court’s grant of summary

judgment to Plaintiff. Finding no error, we affirm.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed

R ICHARD H. D INKINS, J., delivered the opinion of the court, in which P ATRICIA J. C OTTRELL,

P. J., M. S., and A NDY D. B ENNETT, J., joined.

James E. Brown, Madison, Tennessee, Pro Se.

J. Brooks Fox, Assistant Metropolitan Attorney; Christopher M. Lackey, Assistant

Metropolitan Attorney, Nashville, Tennessee, for the appellee, Metropolitan Government of

Nashville and Davidson County, Tennessee.

OPINION

On March 11, 2011, the Metropolitan Government of Nashville and Davidson County

filed suit against James E. Brown to recover property taxes for the years 2007 and 2009 on

property owned by Mr. Brown and located at 929 30th Avenue, North. Mr. Brown appeals

from Chancery Court’s grant of summary judgment to the Metropolitan Government.

Mr. Brown acquired the property at issue when he purchased it at a tax sale. His

purchase of the property and title thereto is memorialized in a Final Decree Confirming Sale

in case No. 08-572-I, Chancery Court for Davidson County, Tennessee, entered March 25,

2010. Pertinent to the issues in this appeal, the decree states:

It is, therefore, ORDERED by the Court that the Motion to Confirm be,

and the same hereby is, granted. All rights, title and interest of the

Defendant(s) ESTATE & HEIRS OF: EARLINE WHITTESEY and any and

all unknown heirs-at-law or devisees, and of all other interested parties to this

suit and to said parcel of land be divested out of them and be vested into the

purchaser(s) JAMES E. BROWN, subject to the equity of redemption.

In the names of the parties, the Clerk and Master will make,

acknowledge for registration and deliver to said purchaser a deed conveying

all the right, title and interest of all the parties to this suit to the purchaser(s)

in and to said tract of land or will give the purchaser(s), if preferred, a certified

copy of this Final Decree for registration. This Final Decree shall convey good

title to the tax sale purchaser(s) against any conveyance of the property while

it was under the jurisdiction and control of the Chancery Court, after the

Decree for sale was entered, but prior to this Final Decree being signed and

available for recording by the tax sale purchaser. Tenn. Code Ann. § 66-3-

101.

The March 25, 2010 decree was not appealed; a certified copy was recorded in the Davidson

County Register’s Office on April 30, 2010.

Mr. Brown raises fourteen issues on appeal, each of which is predicated upon his

contention that the Metropolitan Government did not have the ability to convey title to the

property to him and, consequently, the March 25, 2010 Final Decree is void.

The fact that Mr. Brown is the owner of the property at at 929 30th Avenue, North,

and the manner in which he became the owner are not at issue in this appeal; the sole issue

is Mr. Brown’s liability for 2007 and 2009 taxes on the property. The March 25, 2010 decree

is final and is res judicata as to all issues which were or could have been raised in that

proceeding, including any issue Mr. Brown wished to press regarding Metro’s ability to

convey the property to him.1

1

Res judicata is a claim preclusion doctrine. Massengill v. Scott, 738 S.W.2d 629, 631 (Tenn.

1987). Under the doctrine, a final judgment on the merits rendered by a court of competent jurisdiction

concludes the rights of the parties and their privies. Richardson v. Tenn. Bd. of Dentistry, 913 S.W.2d 446,

459 (Tenn. 1995). The doctrine bars a subsequent action between the parties that involves the same claim

or cause of action. Id. It prohibits multiple lawsuits with respect to issues which were or could have been

litigated in the prior suit. Massengill, 738 S.W.2d at 631. Accordingly, res judicata applies not only to

issues that were raised and adjudicated in the prior lawsuit, but to “all claims and issues which were relevant

and which could reasonably have been litigated in a prior action.” Am. Nat’l Bank & Trust Co. of

(continued...)

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This appeal is from a grant of summary judgment. In such proceedings, the moving

party is entitled to summary judgment only if the “pleadings, depositions, answers to

interrogatories, and admissions on file, together with the affidavits . . . show that there is no

genuine issue as to any material fact and that the moving party is entitled to judgment as a

matter of law.” Tenn. R. Civ. P. 56.04; accord Penley v. Honda Motor Co., 31 S.W.3d 181,

183 (Tenn. 2000). The moving party has the burden of persuading the court that no genuine

issue of material fact exists and that the movant is entitled to judgment as a matter of law.

Staples v. CBL & Assocs., Inc., 15 S.W.3d 83, 88 (Tenn. 2000); McCarley v. Quality Food

Serv., 960 S.W.2d 585, 588 (Tenn. 1998); Byrd v. Hall, 847 S.W.2d 208, 215 (Tenn. 1993).

If the moving party fails to make this showing, the motion for summary judgment fails.

Staples, 15 S.W.3d at 88; McCarley, 960 S.W.2d at 588. If the movant meets its burden, then

the nonmoving party “is required to produce evidence of specific facts establishing that

genuine issues of material fact exist.” Martin v. Norfolk S. Ry. Co., 271 S.W.3d 76, 84

(Tenn. 2008)(citing McCarley, 960 S.W.2d at 588).2

Our review of a trial court’s ruling on a motion for summary judgment is a question

of law; consequently, we review the record de novo with no presumption of correctness.

Bain v. Wells, 936 S.W.2d 618, 622 (Tenn. 1997). We take the strongest view of the

evidence in favor of the nonmoving party, allowing all reasonable inferences in its favor and

discarding all countervailing evidence. Shadrick v. Coker, 963 S.W.2d 726, 731 (Tenn.

1998) (citing Byrd, 847 S.W.2d at 210–11).

In support of its motion, the Metropolitan Government filed, inter alia, the affidavits

of Debra Walling, Deed Manager for the Davidson County Property Assessor, and Gerald

Grigsby, Deputy Trustee, and a statement of undisputed facts. The affidavit of Ms. Walling

attested that Mr. Brown was the current owner of the property and that there had been no

appeals of the assessments for 2007 and 2009. Mr. Grigsby’s affidavit attested that the 2007

and 2009 property taxes were unpaid. The statement of undisputed material facts asserted

1

(...continued)

Chattanooga v. Clark, 586 S.W.2d 825, 826 (Tenn. 1979).

2

The non-moving party may accomplish this by:

(1) pointing to evidence establishing material factual disputes that were over-looked or

ignored by the moving party; (2) rehabilitating the evidence attacked by the moving party;

(3) producing additional evidence establishing the existence of a genuine issue for trial; or

(4) submitting an affidavit explaining the necessity for further discovery pursuant to Tenn.

R. Civ. P., Rule 56.06.

Martin, 271 S.W.3d at 84.

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only that Mr. Brown was the owner of the property, citing Ms. Walling’s affidavit, and that

the 2007 and 2009 taxes were unpaid, citing Mr. Grisby’s affidavit. In response to the

motion, Mr. Brown filed a six page document styled “DEFENDANT’S STATEMENT OF

MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE (and Response to

Plaintiff’s Statement of Undisputed Facts)”, a document styled “DEFENDANT’S

RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY

JUDGMENT AND RENEWED MOTION FOR SUMMARY JUDGMENT”, a document

styled “”CASE LAW FACT SHEET VOID JUDGMENTS AND ORDERS”, and his own

affidavit. Mr. Brown later filed a Notice of Supplemental Authority, citing the court to Tenn.

Code Ann. § 26-5-108.

The material filed by the Metropolitan Government in support of the motion showed

that Mr. Brown was the owner of the property and that the taxes were not paid; this was

sufficient to require Mr. Brown to produce evidence of specific facts showing that genuine

issues of material fact exist. We have reviewed the materials filed in response to the motion

and they simply do not create an issue of fact relative to the claim of the Metropolitan

Government for 2007 and 2009 taxes. Rather, the materials are argumentative and are

intended to show that the Metropolitan Government did not have the ability to transfer the

property to Mr. Brown. As noted above, any issue relative to the transfer of the property was

resolved in the earlier proceeding and, in addition to being res judicata, would not be

material to the case at hand. Summary judgment was properly granted.

Conclusion

For the foregoing reasons, the judgment of the Chancery Court is affirmed.

___________________________________

RICHARD H. DINKINS, JUDGE

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