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MILLS v. HANCOCK

995 S.W.2d 110 (1998)

Malcolm MILLS, Jr. and Malcolm Mills, III, Plaintiffs/Appellees, v. Ken HANCOCK, individually and d/b/a Hancock Homes & Hancock Enterprises, Defendants/Appellants, In re National Bond and Surety Corporation, Surety/Appellant.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied June 28, 1999.

Attorney(s) appearing for the Case

Ellen Taylor Turley, Nashville, for plaintiffs/appellees.

Joel H. Moseley, Moseley & Moseley, Nashville, for surety/appellant.

Permission to Appeal Denied by Supreme Court June 28, 1999.

OPINION

CAIN, Judge.

This appeal involves the liability of a surety upon a bond given for appeal to the Tennessee Court of Appeals from a judgment in the Circuit Court of Davidson County. We must determine whether this appeal bond covers the fees awarded to the appellees' attorney on the basis of this court's determination that the appeal was wrongfully prosecuted against the appellees...

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