Nelson E. Bowers, II v. Estate of Katherine N. Mounger

Nelson E. Bowers, II v. Estate of Katherine N. Mounger
E2016-01724-COA-R3-CV

The plaintiff initiated this action, claiming, inter alia, a breach of contract. The plaintiff alleged that he was bringing the action as the assignee of a limited liability company, which was an original party to the contract at issue. The trial court granted summary judgment in favor of the defendant estate, also an original party to the contract at issue, determining that the plaintiff lacked standing to file the action. The plaintiff timely appealed. Determining that the plaintiff possessed standing, we reverse the trial court’s grant of summary judgment. We affirm the trial court’s decision to allow the estate to amend its responses to the requests for admission propounded by the plaintiff.

Authoring Judge: 
Judge Thomas R. Frierson, II
Originating Judge: 
Judge Michael S. Pemberton
Date Filed: 
Thursday, June 29, 2017