March 16, 2009

Court examines implied contracts, quantum meruit, promisory estoppel; good faith not actionable; construction site may not be proper venue

HERMOSA HOLDINGS, INC. f/k/a/THE MONROE PAGE GROUP v. MID-TENNESSEE BONE AND JOINT CLINIC, P.C., AMSURG, THE SURGERY CENTER OF MIDDLE TENNESSEE, et al (Tenn. Ct. App. March 16, 2009)

The Plaintiff, Hermosa Holdings, Inc., instituted the case at bar against several Defendants by asserting various causes of action with reference to a proposed medical office building development. All Defendants responded to the original complaint by filing motions to dismiss pursuant to Tenn.R.Civ.P. 12.02(6) and for improper venue. The Plaintiff subsequently filed an amended complaint. The Defendants responded by filing additional motions to dismiss. By Order entered February 14, 2008, the Chancery Court of Davidson County granted the Defendant’ motions and dismissed the amended complaint with prejudice. We affirm in part, vacate in part and remand for further proceedings.

Opinion can be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/hermosa_031809.pdf