P. Robert Philp, Jr. v. Southeast Enterprises, LLC, Et Al.

P. Robert Philp, Jr. v. Southeast Enterprises, LLC, Et Al.
M2016-02046-COA-R3-CV

The tenant of office building sued the landlord, a limited liability company, and its two owners for various causes of action arising out of his eviction. Following a nine-day trial the court held that the tenant had been wrongfully evicted and his property converted, and awarded the tenant nominal damages of $1.00 for the eviction, $23,130.00 for conversion of his personal property located in the building, $5,000.00 in punitive damages, costs of $2,395.00 and pre-judgment interest of $6,224.27. The tenant appeals the awards of damages and costs, and contends that interest should be 10 percent rather than the 5.5 percent awarded. The landlord contends that the holding that the tenant was wrongfully evicted should be reversed, that the tenant was not entitled to an award of damages for conversion, and that the individual owners should not be held liable for the damage awards. Upon a thorough review of the record, we modify the award of damages for conversion of the tenant’s property and remand the case for the court to award interest from the date the property was converted; we affirm the decision to award punitive damages, vacate the amount of damages, and remand for the court to make specific findings of fact and conclusions of law relative to the appropriate factors and enter judgment accordingly; in all other respects, the judgment is affirmed.  

Authoring Judge: 
Judge Richard H. Dinkins
Originating Judge: 
Chancellor Charles K. Smith
Date Filed: 
Friday, February 9, 2018