STATE EX REL. ADOLPHUS PELLEY v. BO PERKINSON - Articles

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STATE EX REL. ADOLPHUS PELLEY v. BO PERKINSON

Posted by: Azya Thornton on Oct 27, 2025

Court: TN Court of Appeals

Attorneys 1: Van R. Irion and Russ Egli, Knoxville, Tennessee, for the appellants, Adolphus Pelley and Van R. Irion.

Attorneys 2: Daniel H. Rader, IV, and Lane Moore, Cookeville, Tennessee, for the appellee, Bo Perkinson.

Judge(s): FRIERSON

The trial court awarded attorney’s fees as sanctions against a petitioner and his attorney in this ouster proceeding, pursuant to Tennessee Code Annotated § 8-47-122(b), following a voluntary nonsuit of the petition. The trial court based its award of sanctions upon, inter alia, its determination that the petition’s allegations were unsupported and that the petitioner’s attorney had acted recklessly when filing the petition by purporting to represent individuals with whom he had neither met nor spoken. The petitioner and his counsel have appealed. Upon review, we affirm the trial court’s award of sanctions against counsel, but we vacate the court’s award of sanctions against the individual petitioner. We decline to award additional attorney’s fees on appeal.

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