WILLIAM R. SMITH, ET AL. v. KEITH PRATER, ET AL. - Articles

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WILLIAM R. SMITH, ET AL. v. KEITH PRATER, ET AL.

Posted by: Azya Thornton on Apr 24, 2025

Court: TN Court of Appeals

Attorneys 1: Robert F. Croskery, Cincinnati, Ohio, for the appellants, William R. Smith and Judy M. Smith.

Attorneys 2: Steven E. Marshall, Sevierville, Tennessee, for the appellees, Keith Prater and Janet Prater.

Judge(s): SWINEY

In the Circuit Court for Sevier County (“the Trial Court”), William R. Smith and Judy M. Smith (collectively, “Plaintiffs”) filed a complaint to enforce a contract for the sale of land owned by Keith Prater and Janet Prater (collectively, “Defendants”). Defendants filed a motion to dismiss, arguing that Plaintiff lacked standing because Defendants had entered into the contract with Plaintiffs’ limited liability company, “R & J 44, LLC” (“the LLC”), rather than Plaintiffs themselves. Plaintiffs filed a motion seeking permission to file a second amended complaint to clarify that they were suing both individually and in their capacities as members of the LLC. The Trial Court denied Plaintiffs’ motion, finding undue delay in amending the complaint, and granted Defendants’ motion to dismiss. Discerning no reversible error, we affirm.

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