Watson's Carpet and Floor Coverings, Inc. v. Rick McCormick ( 2002 )


Menu:
  •                   IN THE COURT OF APPEALS OF TENNESSEE
    AT NASHVILLE
    WATSON'S CARPET AND FLOOR COVERINGS, INC. v. RICK
    McCORMICK, ET AL.
    Circuit Court for Williamson County
    No. II-99316
    No. M2000-03101-COA-R3-CV - Filed April 15, 2002
    OPINION ON PETITION TO REHEAR
    Houston M. Goddard, P.J., delivered the opinion of the court in which Herschel P. Franks and
    Charles D. Susano, Jr., JJ., joined.
    The Plaintiff, Watson’s Carpet and Floor Coverings, Inc., files a petition to rehear,
    principally contending that our original opinion was in conflict with Trau-Med of America, Inc., et
    al. v. Allstate Insurance Co., et al., 2000 WL1839125 (November 29, 2000), which was not called
    to our attention, although it had been filed some three months before Watson’s brief was filed.
    Watson’s correctly asserts that Trau-Med is in conflict with our original opinion in the case
    sub judice.
    In Trau-Med, the Western Section of this Court found that an action for tortious interference
    with an ongoing--although not contractual--business relationship was a viable cause of action in this
    State. The Supreme Court accepted an application to appeal and, as to this point, affirmed the
    Western Section in an opinion filed in Jackson March 25, 2002. The Supreme Court opinion
    narrows the holding of Nelson v. Martin, 
    958 S.W.2d 643
     (Tenn. 1997), the case we relied upon in
    our original opinion.
    In light of the foregoing, we deem it appropriate to vacate our previous opinion and instead--
    because there are disputed issues of material facts bearing on the question of the Defendants’ liability
    which would preclude entry of a summary judgment--remand the case for trial in accordance with
    the directives of the Supreme Court in Trau-Med.
    For the foregoing reasons costs of appeal, as well as below, are adjudged against Rick
    McCormick and Carpet Den, Inc.
    _________________________________________
    HOUSTON M. GODDARD, PRESIDING JUDGE
    

Document Info

Docket Number: M2000-03101-COA-R3-CV

Judges: Judge Houston M. Goddard

Filed Date: 4/15/2002

Precedential Status: Precedential

Modified Date: 3/3/2016