Woodridge Properties v. Franco-Ward

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE FILED WO ODR IDGE PRO PER TIES , L.L.P., )

) January 27, 2000 Plaintiff/Appellee, )

) Cecil Crowson, Jr.

Montg omery C ircuit

Appellate Court Clerk VS. ) No. C10-324

) JAMES FRA NCO-WA RD and ) Appeal No. JANE A. FRANCO-WARD, ) M1999-00458-COA-R3-CV

) Defendants/Appellants. )

ORDER

This appeal involves an attempt by a Woodridge Properties, L .L.P. (“W oodridge ”) to gain possession of real prop erty purcha sed at a foreclosure sale. The mortg agors, James C. Franco-Ward and Jane A. Fra nco-Ward defaulted on a prom issory note secured by the real property and, after proper notice, a foreclosure sale was held. The mortgagee purchased the property at the foreclosure sale, and subsequently transferred it to Woodridge. When the Franco-Wards refused to move out, Woodridge brought this action in the General Sessions Court of Montgomery County. The general sessions court ordered that Woodridge be put in possession of the property. On the Franco-Wards’ appeal to the Montgomery County Circuit Court, the jury retu rned a verd ict that Wo odridge is e ntitled to posse ssion of the property, and the trial judge entered a final judgment to that effect. The Franco-Wards appea l.

Our review of the record indicates that the judgment of the trial court should be affirmed in accordance w ith Tenn. Ct. App. R . 10(a),1 and we remand the case to the trial court for whate ver further p roceeding s may b e required. W e also tax the costs of this appeal to James C. Franco-W ard and Jane A . Franco-Ward for which execution , if necessary, may issue.

_____________________________ BEN H. CANTRELL, PRE SIDIN G JU DGE , M.S.

WILLIAM C. KOCH, JR., JUDGE _____________________________ WILLIAM B. CAIN, JUDGE