342 S.W.3d 506
Tenn. Ct. App.2010Background
- Borena filed a 2008 personal injury action against Yellow Cab Metro, Seman parties, and Shaikh; originally represented by counsel, later substituted to pro se/another attorney; handwritten authorization Aug 6, 2009 allowed Moore to settle “the best dollar amount,” with no specified amount or confidentiality restriction; August 13, 2009 Moore allegedly reached a $12,000 settlement with defense counsel; Borena terminated Moore on Aug 17, 2009, yet Moore advised settlement to deposit with the clerk on Aug 26, 2009; case management conference Sept 23, 2009 required settlement agreement and releases by Oct 23, 2009, which Borena did not execute; Moore filed an attorney’s lien Oct 22, 2009; December 23, 2009 defendants moved to dismiss for Borena’s noncompliance, which the court granted Jan 15, 2010 and dismissed with prejudice Feb 3, 2010; Moore pursued interpleader/appeal but the trial court denied, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to settle bindingly | Moore had express authority to settle for the best amount | Authorization insufficient to bind Borena | No binding authority; not enough express authority |
| Standing to appeal | Moore has standing via attorney lien | Moore lacks standing; not a party | Moore has no standing; lien not enforceable in this action |
| Involuntary dismissal proper | Borena seeks relief from dismissal; justification unclear | Dismissal proper due to noncompliance and failure to depose | Involuntary dismissal affirmed as proper |
| Effect of attorney withdrawal and lien | Lien may permit enforcement of fee | Lien unresolved after dismissal; no money/property under control | Lien not enforceable; no standing to recover in this action |
| Effect of negotiated settlement on the case | Settlement negotiated by Moore should be enforced | Settlement not authorized; never signed by Borena | Settlement not enforceable; no binding agreement |
Key Cases Cited
- Davis v. Home Ins. Co., 127 Tenn. 330, 155 S.W. 131 (1912) (attorney authority and client control principles)
- Hart v. First National Bank, 690 S.W.2d 536 (Tenn.Ct.App. 1985) (limits of attorney's express authority to bind client)
- Long v. Kirby-Smith, 292 S.W.2d 216 (Tenn.Ct.App. 1956) (attorney authority and client rights in settlement)