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KINCAID v. SOUTHTRUST BANK

221 S.W.3d 32 (2006)

William M. KINCAID, et al. v. SOUTHTRUST BANK, et al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

October 31, 2006.

Permission to Appeal Denied February 26, 2007.

Attorney(s) appearing for the Case

John L. Miller and Martin B. Bailey, Nashville, Tennessee; and Kenneth J. Catanzarite, Anaheim, California, for the appellants, William M. Kincaid, individually; Storage Florida, LP; and Aegis Self Storage, LLC, f/k/a Derby Self Storage, LLC.

Courtney H. Gilmer, Nashville, Tennessee, for the appellee, PNL Storage, LLC.

Charles W. McElroy and Dudley M. West, Nashville, Tennessee, for the appellee, Wachovia Bank, National Association, successor by merger to SouthTrust Bank; and SC Realty, LLC.

Permission to Appeal Denied by Supreme Court February 26, 2007.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., P.J., M.S., and WILLIAM B. CAIN, J., joined.

Plaintiffs appeal the dismissal of their eleven-count complaint against SouthTrust Bank and two other nominal defendants. The trial court dismissed the complaint, finding the plaintiffs had failed to state a claim upon which relief can be...

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