News - Tharpe & Howell - Litigation and Transaction Lawyers

FIRM APPELLATE VICTORY!

Firm litigators Paul Wayne and Gregory Bayless recently defeated an Appeal filed by two plaintiffs in relation to a 2005 Civil Judgment - which had been entered on a 2005 jury trial defense verdict.

In this case, Paul Wayne was the trial attorney. The case originally involved causes of action for breach of the warranty of habitability and sexual harassment, among other causes of action, arising out of the plaintiffs' tenancy at an apartment complex owned by the Firm's client, the apartment owner defendant. On appeal, plaintiffs sought a reversal of the trial court Judgment based on plaintiffs' claim that the trial court erred in denying plaintiffs’ motion in limine to exclude evidence of prior lawsuits filed by one of the plaintiffs.

Litigators Wayne and Bayless argued, among other things, that plaintiffs did not provide an adequate record on appeal since plaintiffs did not include in the record the transcript of the hearing regarding the motion in limine at issue. Litigators Wayne and Bayless also argued that it was not prejudicial error for the trial court to allow the introduction of evidence of prior lawsuits.

In the end, the Appellate Court affirmed the trial court Judgment and found that the plaintiffs did not provide an adequate record on appeal, and that plaintiffs failed to demonstrate error or prejudice.

Related Attorney(s):
Gregory W. Bayless
Paul V. Wayne

Related Practice Area(s):
Real Estate and Construction Law