JESSICA GARVIN v. MARIAH SHELTON
E2024-01926-COA-R3-CV
Tenn. Ct. App.Jul 9, 2025Background
- This appeal arises from a second round of litigation between Jessica Garvin and Mariah Shelton, centered on attorney's fees and costs after a previous appeal (Garvin I).
- In Garvin I, the Tennessee Court of Appeals reversed the extension of a temporary restraining order (TRO) against Shelton and remanded the case to the trial court for "collection of costs."
- After remand, Shelton moved in trial court for attorney's fees and costs incurred, citing Tenn. Code Ann. § 20-12-119 (which allows fees if a motion to dismiss is granted) and the appellate mandate.
- The trial court denied Shelton’s motion, noting that her prior motion to dismiss had been denied and that the appellate court only reversed the TRO extension, not the dismissal denial.
- Shelton appealed this denial, arguing she was entitled to costs and fees under the statute and the prior appellate mandate.
- Garvin responded, also requesting appellate attorney's fees on the grounds the appeal was frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shelton is entitled to fees under § 20-12-119 | Shelton: Statute & mandate require fees/costs | Garvin: Statute only applies if motion granted | No, statute applies only if motion to dismiss is granted |
| Did appellate mandate require an award of fees | Shelton: Mandate required fees | Garvin: Mandate only for court costs | No, mandate was limited to court costs, not attorney's fees |
| Whether trial court violated appellate mandate by denying motion | Shelton: Denial violated scope of remand | Garvin: Trial court followed mandate | No violation; trial court correctly limited to costs |
| Should damages be awarded for frivolous appeal | Garvin: Appeal frivolous — award fees | Shelton: Appeal was in good faith | No damages awarded; appeal not deemed frivolous |
Key Cases Cited
- Raht v. Southern Ry., 215 Tenn. 485 (Tenn. 1965) (explains trial court authority and posture after remand from appellate court)
- Gill v. Godwin, 59 Tenn. App. 582 (Tenn. Ct. App. 1967) (appellate mandate forms law of the case and binds trial court)
- Davis v. Gulf Ins. Group, 546 S.W.2d 583 (Tenn. 1977) (successful litigants shouldn’t bear costs of groundless appeals)