Legal Question in Business Law in Tennessee
final judgements
In a lawsuit in Chancery Court in October of 2001, against my partners, I was awarded a full judgement for the funds that were due me from the sale of one of our dealerships.
I have to date only recieved a small portion of the judgement. All the money was due to be paid by 6-30-02. That day came and went and then the opposing counsel after 8 months from the award date submitted a motion to have expenses allowed against the judgement.
The judge allowed these expeses to be added at this late date. My partners had eight long months to bring up this expese issue and never did. Should the judge allowed them to ask and recive these expenses after a final judgement had been entered?
2 Answers from Attorneys
Re: final judgements
I do not understand how you were awarded a judgment and yet the other side was awarded expenses. I believe you are referring to discretionary costs which a judge has discretion to award. It is unusual to have discretionary costs charged against you if you were awarded the judgment. That is not to say that the judge was wrong because I do not know all details of the case. However, you only have thirty days to appeal the order awarding discretionary costs.
Re: final judgements
It may be that the time had lapsed for the judge to impose the costs on the judgment. However, many of these motions can be brought at anytime within 1 year of the date of the judgment. If you would like to discuss this further, or the enforcement of the judgment, please do not hesitate to contact me.
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