KELLY D. BUSH, ET AL. v. COMMERCE UNION BANK D/B/A RELIANT BANK, ET AL. - Articles

All Content


Posted by: Azya Thornton on Aug 29, 2025

Court: TN Court of Appeals

Attorneys 1: Kelly D. Bush and Byron V. Bush, Brentwood, Tennessee, Pro Se.

Attorneys 2: Stephen M. Montgomery, Nashville, Tennessee, for the appellees, Reliant Bank, Rick Belote, William Ronald DeBerry, and Devan D. Ard, Jr.

Judge(s): SWINEY

Over ten years ago, Commerce Union Bank, d/b/a Reliant Bank (“the Bank”) obtained a deficiency judgment for a property owned by Dr. Byron V. Bush and Kelly D. Bush (“Plaintiffs”) that Plaintiffs used to secure a loan. Since then, Plaintiffs have filed and lost four appeals related to this case. In March 2024, Plaintiffs filed a complaint for fraudulent breach of contract against the Bank; the late Devan D. Ard, Jr., the former Bank president; Rick Belote, Senior Vice President of the Bank; and William Ronald DeBerry1 (collectively, “Defendants”). Defendants filed a motion for sanctions pursuant to Tennessee Rule of Civil Procedure 11.03. The Chancery Court for Williamson County (“the Trial Court”) granted the motion, dismissed Plaintiffs’ complaint with prejudice, awarded Defendants attorney’s fees and expenses incurred in filing the motion, and imposed a screening mechanism on any future filings by Plaintiffs. Plaintiffs appeal. Discerning no reversible error, we affirm.

Attachments: