Pistey v. Lake Developers Partnership et al (TV3)

MOTION to Alter Judgment and in the Alternative, for a New Trial Judgment

E.D. Tenn.February 27, 2019

1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE NORTHEASTERN DIVISION FRANCES H. PISTEY, ) ) Plaintiff, ) ) v. ) No. 2:17-cv-00008-TAV-MCLC ) LAKE DEVELOPERS PARTNERSHIP, ) LAKE DEVELOPERS II, LLC, and ) DAYTONA CONSTRUCTION ) COMPANY, INC., ) ) Defendants. ) MOTION TO ALTER OR AMEND THE JUDGMENT AND IN THE ALTERNATIVE FOR A NEW TRIAL Pursuant to Rule 59 of the Federal Rules of Civil Procedure, Lake Developers Partnership ("Lake Developers"), submits its Motion to Alter or Amend the Judgment and in the alternative for New Trial. In support of its Motion, it states as follows: 1. That the Court used the incorrect standard when determining what damages Plaintiff should be awarded. 2. Plaintiff is not entitled to damages based upon her mortgage interest. 3. Plaintiff is not entitled to an award of both pre-judgment interest and mortgage interest as this is an award of interest on interest and is essentially double-dipping. 4. Lake Developers avers that Final Judgment has not yet been entered in this case due to the inability of the parties to calculate a monetary value that would satisfy the Court's Order [ECF Doc.# 38] and accompanying Memorandum Opinion [ECF Doc.# 39]. In support of this Motion, Lake Developers submits an accompanying Memorandum of Law. Case 2:17-cv-00008-TAV-MCLC Document 40 Filed 02/27/19 Page 1 of 3 PageID #: 346 2 WHEREFORE, PREMISES CONSIDERED, Defendant Lake Developers respectfully requests that the Court alter or amend the judgment and in the alternative grant a new trial and any additional relief the Court deem warranted by the circumstances. Respectfully submitted, /s/ R. Andrew Hutchinson R. Andrew Hutchinson, BPR No. 025473 BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. 100 Med Tech Parkway, Suite 200 Johnson City, Tennessee 37604 Phone: (423) 928-0181 dhutchinson@bakerdonelson.com Attorney for Lake Developers Partnership Case 2:17-cv-00008-TAV-MCLC Document 40 Filed 02/27/19 Page 2 of 3 PageID #: 347 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and exact electronic copy of the foregoing has been served upon the following counsel for parties in interest herein through the Court's ECF system. H. Scott Reams Taylor, Reams, Tilson & Harrison P O Box 1799 Morristown, TN 37816-1799 423-586-9302 Fax: 423-581-8067 Email: hsreams@trthatty.com Charles G. Fisher Grant, Konvalinka & Harrison, PC 633 Chestnut Street Suite 900 One Republic Centre Chattanooga, TN 37450 423-756-8400 Email: cfisher@gkhpc.com This 27th day of February, 2019. /s/ R. Andrew Hutchinson Attorney Case 2:17-cv-00008-TAV-MCLC Document 40 Filed 02/27/19 Page 3 of 3 PageID #: 348