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MARRA v. BANK OF NEW YORK

No. W2008-00773-COA-R3-CV.

310 S.W.3d 329 (2010)

Rodney MARRA v. BANK OF NEW YORK, Trustee, and Philip M. Kleinsmith, Trustee.

Court of Appeals of Tennessee, Western Section, at Jackson.

January 22, 2009 Session.

Order Denying Appellants' Petition for Rehearing August 26, 2009.

Permission to Appeal Denied by Supreme Court February 22, 2010.

Attorney(s) appearing for the Case

Philip M. Kleinsmith, Colorado Springs, CO, appellant, pro se, and for the appellant, Bank of New York.

Sam F. Cole, Jr., Memphis, TN, for the appellee, Rodney Marra.

William S. Rhea, Somerville, Tennessee, for the appellee, Vip D. Lewis.

OPINION

HOLLY M. KIRBY, J., delivered the opinion of the Court, in which DAVID R. FARMER, J., and J. STEVEN STAFFORD, J., joined.

This appeal involves a court clerk's fee for facilitating a foreclosure sale. The defendant bank held a foreclosure sale of the plaintiff's home without giving the plaintiff proper notice. The plaintiff then filed this action and the sale was set aside. The trial court ordered that...

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