Orion Federal Credit Union v. Fitzgerald Brewer
W2017-00944-COA-R3-CV
| Tenn. Ct. App. | Dec 15, 2017Background
- Orion Federal Credit Union purchased a Bartlett, TN residential property at a foreclosure sale on October 7, 2016; prior owner Fitzgerald Brewer refused to surrender possession.
- Orion filed an unlawful detainer (detainer warrant) in Shelby County General Sessions Court on October 17, 2016; after a hearing the general sessions court awarded possession to Orion on November 22, 2016.
- Brewer appealed the general sessions judgment to the Circuit Court; he and/or a relative continued occupying the premises during the appeal.
- Orion moved in circuit court for judgment on the pleadings and for a writ of immediate possession; the circuit court granted the motion and issued the writ on April 7, 2017; Orion took possession April 8, 2017.
- After Orion sold the property to a bona fide purchaser, Brewer conceded he vacated; Orion argued the appeal was moot and the circuit court’s judgment should be affirmed as moot.
Issues
| Issue | Plaintiff's Argument (Orion) | Defendant's Argument (Brewer) | Held |
|---|---|---|---|
| Whether the appeal is moot | The controversy is extinguished: Brewer no longer possesses the property and Orion sold it; no relief is available | The appeal is not moot; procedural error merits reversal and collateral consequences (credit, moving costs, loss of equity) justify review | Mootness: Court held the appeal is moot and dismissed |
| Whether trial court properly granted judgment on the pleadings | Motion correctly granted to vindicate possession after foreclosure and unlawful detainer | Motion was erroneously granted; Brewer appealed the procedural ruling | Not reached on merits due to mootness |
Key Cases Cited
- Harriet Tubman Dev./CHA v. Locklin, 386 S.W.3d 239 (Tenn. Ct. App. 2012) (collateral-consequences exception may permit review when eviction causes continuing legal disabilities)
- Norma Faye Pyles Lynch Family Purpose LLC v. Putnam Cty., 301 S.W.3d 196 (Tenn. 2009) (mootness doctrine: a case is moot when it no longer affords meaningful relief)
- City of Memphis v. Hargett, 414 S.W.3d 88 (Tenn. 2013) (justiciability requires a live controversy throughout proceedings)
- Johnson v. Hopkins, 432 S.W.3d 840 (Tenn. 2013) (defines detainer warrant as action to regain possession and recoup damages)
- Counts v. Bryan, 182 S.W.3d 288 (Tenn. Ct. App. 2005) (judicial notice principles)