Club LeConte v. Caroline Swann ( 2014 )


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  •                  IN THE COURT OF APPEALS OF TENNESSEE
    AT KNOXVILLE
    Assigned on Briefs April 24, 2014
    CLUB LECONTE v. CAROLINE SWANN
    Appeal from the Circuit Court for Knox County
    No. 333809 Hon. Deborah C. Stevens, Judge
    No. E2013-01971-COA-R3-CV-FILED-MAY 16, 2014
    This appeal arises from a dispute concerning the payment for Defendant’s wedding reception.
    Plaintiff filed suit when Defendant failed to pay for the reception as agreed. At trial, Plaintiff
    presented theories of breach of contract and unjust enrichment. The jury found for Plaintiff
    and returned a verdict against Defendant in the amount of $10,787.18. On appeal, Defendant
    requests reversal of the judgment entered against her because she believes that the jury
    verdict form erroneously allowed for recovery pursuant to both theories of breach of contract
    and unjust enrichment. We affirm.
    Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court
    Affirmed; Case Remanded
    J OHN W. M CC LARTY, J., delivered the opinion of the Court, in which C HARLES D. S USANO,
    J R., C.J., and T HOMAS R. F RIERSON, II, J., joined.
    Christopher D. Heagerty, Knoxville, Tennessee, for the appellant, Caroline Swann.
    A. Philip Lomonaco, Knoxville, Tennessee, for the appellee, Club LeConte.
    OPINION
    I. BACKGROUND
    In 2005, Caroline Swann (“Defendant”) chose Club LeConte (“Plaintiff”) as the
    location for her wedding reception. She met with one of Plaintiff’s representatives to arrange
    the reception. The representative completed a “function sheet” that detailed the goods and
    services Defendant requested. The reception proceeded as scheduled; however, Defendant
    failed to pay Plaintiff the remaining balance for the goods and services that had been
    rendered. Plaintiff issued several invoices that reflected the remaining balance and assessed
    late charges. When Defendant failed to respond to the invoices and remit payment, Plaintiff
    filed suit against Defendant. The initial suit was voluntarily dismissed prior to the rendering
    of a verdict. See Club LeConte v. Swann, 
    270 S.W.3d 545
    (Tenn. Ct. App. 2008).
    Plaintiff filed the suit that is at issue in this appeal pursuant to the saving statute.
    Plaintiff alleged that Defendant was liable pursuant to the theories of breach of contract or
    unjust enrichment for approximately $9000, plus costs, attorney fees, and other expenses, for
    goods and services rendered at the reception. Defendant admitted that she had not remitted
    payment to Plaintiff but denied liability.
    The case proceeded to a jury trial.1 After hearing the evidence, the jury found for
    Plaintiff and assessed damages against Defendant in the amount of $10,787.18. The trial
    court entered a judgment against Defendant in accordance with the jury verdict. This timely
    appeal followed.
    II. ISSUE
    We restate the issue raised on appeal by Defendant as follows:
    Whether the verdict should be reversed when the jury found for Plaintiff
    pursuant to the competing theories of breach of contract and unjust
    enrichment.
    III. STANDARD OF REVIEW
    This appeal raises a question of law, which we review de novo with no presumption
    of correctness. Blackburn v. Blackburn, 
    270 S.W.3d 42
    , 47 (Tenn. 2008); Union Carbide
    Corp. v. Huddleston, 
    854 S.W.2d 87
    , 91 (Tenn. 1993).
    IV. DISCUSSION
    Defendant argues that the jury verdict form was internally inconsistent because it
    allowed for recovery pursuant to the competing theories of breach of contract and unjust
    enrichment. She claims that if the jury found that Defendant was liable pursuant to the
    theory of unjust enrichment, it must have also necessarily found that she did not have a valid
    contract with Plaintiff. She notes that the jury erroneously found for Plaintiff pursuant to
    both theories. Plaintiff responds that Defendant has waived review of the issue on appeal
    1
    The statement of the evidence is devoid of information pertaining to the testimony presented at trial.
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    because she agreed to the revised verdict form before it was submitted to the jury. Plaintiff
    alternatively asserts that any error in the jury verdict form was harmless because Plaintiff did
    not recover twice, namely it only received what it was entitled to for the value of the goods
    and services rendered with interest.
    Plaintiff likely offered competing theories in the event that the jury found that the
    “function sheet” was not a valid contract. See Whitehaven Cmty. Baptist Church v.
    Holloway, 
    973 S.W.2d 592
    , 596 (Tenn. 1998) (providing that the theory of unjust enrichment
    allows a court to “impose a contractual obligation where one does not exist”). Defendant is
    correct in her assertion that recovery pursuant to unjust enrichment is only available when
    a valid contract cannot be found or when additional goods and services have been rendered
    beyond that provided for in the initial contract. Robinson v. Durabilt Mfg. Co., 
    260 S.W.2d 174
    , 175 (Tenn. 1953). Defendant argues and Plaintiff agrees that the verdict form at issue
    provided that Plaintiff was entitled to recovery pursuant to the theories of breach of contract
    and unjust enrichment. “Tennessee law is well-established that litigants are entitled to have
    their rights settled by a consistent and intelligible verdict and that verdicts that are
    inconsistent and irreconcilable cannot stand.” Concrete Spaces v. Sender, 
    2 S.W.3d 901
    , 911
    (Tenn. 1999) (citing Milliken v. Smith, 
    405 S.W.2d 475
    , 476 (Tenn. 1966); Alabama
    Highway Express, Inc. v. Luster, 
    371 S.W.2d 182
    , 183 (Tenn. 1963); Penley v. Glover, 
    205 S.W.2d 757
    , 759 (Tenn. 1947)). “Where a judgment is based upon inconsistent findings by
    a jury it is the duty of the appellate court to reverse and remand the case for a new trial.” 
    Id. (citations omitted).
    Unfortunately, the jury verdict form is not included in the record on appeal for our
    review. It is Defendant’s duty to prepare and file an adequate record for appeal. Tenn. R.
    App. P. 24. Without the jury verdict form, we are severely limited in our review of the issue
    raised on appeal. Additionally, Defendant consented to the jury verdict form before it was
    provided to the jury. If Defendant had raised the error, it could have been corrected at the
    trial court level. A party may not offer a new issue for the first time on appeal. See Lane v.
    Becker, 
    334 S.W.3d 756
    , 764 (Tenn. Ct. App. 2010) (citing Campbell Cnty. Bd. of Educ. v.
    Brownlee-Kesterson, Inc., 
    677 S.W.2d 457
    , 466-67 (Tenn. Ct. App. 1984)). “The
    jurisprudential restriction against permitting parties to raise issues on appeal that were not
    first raised in the trial court is premised on the doctrine of waiver.” Fayne v. Vincent, 
    301 S.W.3d 162
    , 171 (Tenn. 2009) (citations omitted).
    Absent waiver, any error in the jury verdict form was harmless. “Even if a verdict is
    defective in form, it is to be enforced if it sufficiently defines an issue in such a way as to
    enable the court to intelligently articulate a judgment.” 
    Sender, 2 S.W.3d at 911
    (citing
    Arcata Graphics Co. v. Heidelberg Harris, Inc., 
    874 S.W.2d 15
    , 22-27 (Tenn. Ct. App.
    1993)). Defendant does not allege that Plaintiff received damages pursuant to each theory
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    and essentially recouped a double recovery. Defendant also does not assert that the verdict
    was contrary to the evidence and has not provided an adequate record for our review of the
    evidence presented at trial. Whether the jury agreed with both theories of liability or just one
    theory, the jury ultimately concluded that Plaintiff was entitled to payment for the value of
    the goods and services rendered plus interest and assessed damages to reflect that fact. With
    these considerations in mind, we conclude that any error in the jury verdict form was
    harmless because the form allowed the court to intelligently articulate a judgment against
    Defendant.
    V. CONCLUSION
    The judgment of the trial court is affirmed, and the case is remanded for such further
    proceedings as may be necessary. Costs of the appeal are taxed to the appellant, Caroline
    Swann.
    ______________________________________
    JOHN W. McCLARTY, JUDGE
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