TRW Steering Systems Company v. John D. Snavely ( 1997 )

IN THE COURT OF APPEALS OF TENNESSEE
FILED
TRW KOYO STEERING SYSTEMS ) December 9, 1997
C/A NO. 03A01-9706-CH-00216
COMPANY, )
) Cecil Crowson, Jr.
Petitioner-Appellee, ) Appellate C ourt Clerk
)
)
)
v. ) APPEAL AS OF RIGHT FROM THE
) MONROE COUNTY CHANCERY COURT
)
)
)
)
)
JOHN D. SNAVELY, )
) HONORABLE EARL H. HENLEY,
Respondent-Appellant. ) CHANCELLOR
For Appellant For Appellee
JOHN D. SNAVELY, Pro Se JERRI S. BRYANT
Huntsville, Alabama Carter, Harrod & Cunningham
Athens, Tennessee
OPINION
AFFIRMED AND REMANDED Susano, J.
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This is a suit for declaratory judgment. The
petitioner, TRW Koyo Steering Systems Company (“TRW Koyo”), seeks
a declaration that a document filed by the defendant, John D.
Snavely (“Snavely”), in the Monroe County Register of Deeds’
office is a cloud on its title to real property in Monroe County.
The trial court granted TRW Koyo summary judgment, decreeing that
the purported lien filed by Snavely “is...of no legal effect and,
thus, is lifted and removed from [TRW Koyo’s] title.” Snavely
appealed pro se.
We must decide anew if summary judgment is appropriate
in this case. Gonzales v. Alman Const. Co., 857 S.W.2d 42, 44-45
(Tenn.App. 1993). TRW Koyo is entitled to summary judgment if
the record before us “show[s] that there is no genuine issue as
to any material fact and that the moving party is entitled to a
judgment as a matter of law.” Rule 56.04, Tenn.R.Civ.P. We must
decide a question of law: Do the facts before us show that the
moving party, TRW Koyo, is entitled to judgment in a summary
fashion? See Gonzales, 857 S.W.2d at 44.
Snavely claims a “common law lien” on property of TRW
Koyo by virtue of a document filed in the Monroe County Register
of Deeds’ office. The document is five pages in length and is
entitled “Notice and Service of a Common-Law Lien.” It is
directed at real property in that county deeded to TRW Koyo by
warranty deed dated and filed of record on August 3, 1988.
According to the warranty deed, TRW Koyo is a partnership
composed of TRW Asian Steering, Inc. and Koyo Delaware, Inc.,
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both of which are identified in the deed as Delaware
corporations.
Snavely’s “common law lien” includes a “Declaration in
Case for Slander.” It seeks damages of $20,000,000 against V. A.
Smith, President, TRW Credit Data Division; TRW Credit Data
Division; Joseph T. Gorman, President and Chief Executive
Officer, TRW Incorporated; and TRW Incorporated. It is not
expressly directed to the appellee, TRW Koyo. Snavely’s “common
law lien” ends with the sentence -- “and therefore he brings his
suit.”
The trial court was correct in granting TRW Koyo
summary judgment. While the “common law lien” was expressly
directed at property owned by TRW Koyo, it demonstrates
absolutely no claim, of any kind, against TRW Koyo. In fact, the
purported lien is no lien at all. It does not satisfy the
statutory requirements for a judgment lien, see T.C.A. § 25-5-
101(b), or a lien lis pendens, see T.C.A. § 20-3-101. It is
nothing more than a statement of a claim against individuals and
entities, none of whom own an interest in the real property in
question. We find and hold that TRW Koyo is entitled to the
removal of this “lien” as a cloud on its title.
The judgment of the trial court is affirmed. Costs on
appeal are taxed against the appellant. This case is remanded to
the trial court, for the enforcement of that court’s judgment and
collection of costs assessed below, all pursuant to applicable
law.
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__________________________
Charles D. Susano, Jr., J.
CONCUR:
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Houston M. Goddard, P.J.
________________________
Herschel P. Franks, J.
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