Mossbeck v. Hoover

2 Citing cases

  1. Hale v. Bergmann

    No. M2022-00782-COA-R3-CV (Tenn. Ct. App. Mar. 4, 2024)

    We will not disturb this decision absent an abuse of discretion. See Mossbeck v. Hoover, No. E2020-00311-COA-R3-CV, 2021 WL 1714235, at *11 (Tenn. Ct. App. Apr. 30, 2021). A court abuses its discretion when it applies the wrong legal standard, reaches an "illogical or unreasonable decision," or bases its decision "on a clearly erroneous assessment of the evidence."

  2. In re Wilson

    No. W2023-00313-COA-R3-CV (Tenn. Ct. App. Jan. 29, 2024)

    Thus, "[t]his Court has held that an issue raised in the trial court for the first time in a postjudgment motion to alter or amend and supplement to such motion was waived on appeal when the argument advanced a new legal theory, rather than simply correcting an error of law." Mossbeck v. Hoover, No. E2020-00311-COA-R3-CV, 2021 WL 1714235, at *13 (Tenn. Ct. App. Apr. 30, 2021). Because this legal theory as to the validity of the will was not raised by Dale at the summary judgment stage, we deem it waived.