Dixie Trial Ends, Broker Awarded

A jury awarded Jenny Talley, a former broker for Dixie Real Estate of Fayetteville, more than $480,000 on Sept. 8.

The 11-day trial was the first resolution of a suit that Talley filed with the Washington County Circuit Court in January 2005 against her former employer. She sought about $2.2 million in lost commissions, damages and fees.

Dixie filed a counter suit claiming Talley submitting “false commission disbursement requests” in violation of her broker’s contract and for “withholding her cooperation related to the termination of her position as principal broker.” Dixie sought more than $1 million.

But the jury found that Talley had breached fiduciary duty to Dixie Management and Investment Co. (the parent company of Dixie Real Estate) and awarded the firm $12,873. The jury also awarded the company $10,000 in damages from commissions paid at a higher rate than they should have been paid.

Both sides called the trial a half victory.

Derrick Davidson, partner with Gill Elrod Ragon Owen & Sherman, represented Dixie. He said the company never denied it owed Talley some money she had invested in a property and some back commissions, but it wanted to wait and see what the difference was between the two suits.

Davidson said Dixie will appeal the judgement.