Zanetis v. McMackin

Opinion

IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

FILED ALEXANDER ZANETIS and wife ) November 19, 1997 THELMA ZANETIS, ) ) Cecil W. Crowson Plaintiffs/Appellants, ) Appellate Court Clerk ) Davidson Circuit ) No. 96C-135 VS. ) ) Appeal No. ) 01A01-9705-CV-00203 DAVID McMACKIN and ) BOATMEN’S NATIONAL ) MORTGAGE COMPANY, INC., ) ) Defendants/Appellees. )

CONCURRING OPINION

I concur with the court’s opinion. This record contains no genuine, material factual disputes, and David McMackin and Boatmen’s National Mortgage Company are entitled to a judgment as a matter of law for two complementary reasons. First, Mr. McMackin did not owe a duty to Mr. and Ms. Zanetis; second, it was not reasonable for Mr. and Ms. Zanetis to rely on Mr. McMackin’s statements given their adversary posture with his client and the fact that they had retained their own attorney.

_____________________________ WILLIAM C. KOCH, JR., JUDGE