Headwaters Of The Harpeth, LLC v. Tina Majors

This appeal arises from a detainer action. After the general sessions court awarded the owner a writ of possession and a monetary judgment for rent, the defendant appealed to circuit court. The defendant also filed a separate action in chancery court seeking an equitable interest in the property under a resulting trust to compensate her for improvements she made to the property. The owner filed an answer and counter-complaint in the chancery court to recover the same damages it sought in the circuit court. While the chancery action was pending, the parties entered into an agreed order in the circuit court requiring the defendant to pay rent for her occupancy of the premises, but that execution would be stayed pending resolution of the chancery court action. After the chancery court dismissed all claims with prejudice, the owner filed a motion in the circuit court to lift the stay of the agreed order and for entry of a final judgment to recover rent owed by the defendant. The defendant filed an objection, maintaining that the counterclaim for rent in chancery court consolidated the two cases; therefore, the owner’s claim for rent had been dismissed by the chancery court. The defendant also contended the claim for rent in the circuit court action was barred under the doctrine of res judicata. The circuit court overruled the objection holding that the two actions were never consolidated, and res judicata did not apply because the circuit court action was filed before and pending when the chancery court case was commenced. This appeal followed. We affirm.