John Jason Moore v. Amanda Jean Heilbrunn
Appellant/Mother appeals the trial court’s entry of a parenting plan naming Appellee/Father primary residential parent, awarding him sole decision-making authority, and awarding Mother 80 days of visitation. Because the trial court did not engage in a best-interest analysis as required under Tennessee Code Annotated section 36-6-106, and because the trial court’s orders are too vague to allow this Court to conduct a meaningful review of its decisions, we vacate the trial court’s judgment and remand for further proceedings. |
Lincoln | Court of Appeals | |
John Jason Moore v. Amanda Jean Heilbrunn (concurring)
I concur in the Majority Opinion’s conclusion that the trial court’s ruling should be vacated in this case. Because I conclude that the record clearly reflects that the trial court applied an incorrect standard in this case, however, I write separately. |
Lincoln | Court of Appeals | |
Tanna Gordon, et al. v. State of Tennessee
The State appeals a judgment against it for an injury caused by the gross negligence of its employees in the creation or maintenance of a dangerous condition on state-owned property. Because we conclude that the Tennessee Claims Commission lacks subject matter jurisdiction over claims for gross negligence, we reverse. |
Court of Appeals | ||
In Re Bobby B. Et Al.
In this termination of parental rights case, Appellant/Mother appeals the trial court’s termination of her parental rights to the minor children on the grounds of: (1) abandonment by failure to visit and failure to support, Tenn. Code Ann. § 36-1-113(g)(1); (2) persistent conditions, Tenn. Code Ann. § 36-1-113(g)(3); and (3) failure to manifest an ability and willingness to assume custody of the children, Tenn. Code Ann. § 36-1-113(g)(14). Because there is clear and convincing evidence to support the grounds relied on by the trial court and its determination that termination of Appellant’s parental rights is in the children’s best interests, we affirm. |
Court of Appeals | ||
Erin Mishkin v. Robert Cole Gordon
Appellant filed this petition for recusal appeal after the trial court denied a motion to recuse. Because we can find no evidence in the record of any bias that would require recusal, we affirm the trial court’s denial of the motion. |
Williamson | Court of Appeals | |
Darlene Ann Price Et Al. v. The Center for Family and Implant Dentistry, PLLC
A dental patient brought this negligence action against the dentist who performed implant procedures on her and his dental practice. After the patient voluntarily dismissed the case against the dentist, the trial court granted the dental practice’s motion for summary judgment. We have determined that genuine issues of material fact exist as to when the dental patient reasonably should have discovered that the dentist had acted wrongfully. We, therefore, reverse the trial court’s decision. |
Sullivan | Court of Appeals | |
Siskin Hospital for Physical Rehabilitation, Inc. v. Dr. James P. Little
This appeal concerns the trial court’s dismissal of the defendant’s claims for the return of funds held by the plaintiff hospital as untimely filed. We reverse the dismissal, holding that the plaintiff was estopped from pleading the statute of limitations as a defense and that the plaintiff revived the obligation throughout its repeated negotiations with the defendant. |
Hamilton | Court of Appeals | |
Jeffrey L. Roberts v. Barry Lynn Carter, et al.
This is an appeal concerning the application of the Tennessee Governmental Tort Liability Act, specifically to Tennessee Code Annotated sections 29-20-203, 29-20-204, and 29-20- 205 of the Act. At issue is the trial court’s entry of summary judgment dismissing the plaintiff’s claims against a county government for damages sustained from an automobile accident allegedly caused by the washout of a road maintained by the county. For the reasons stated herein, we affirm the trial court’s summary judgment dismissing the plaintiff’s action. |
Benton | Court of Appeals | |
In Re Estate of Joe Richard Estes
This appeal concerns the statute of limitations for a will contest. David Estes (“Petitioner”) filed a will contest in the Probate Court for Wilson County (“the Probate Court”) seeking to set aside the will of Petitioner’s father, Joe Richard Estes (“Decedent”). Jennifer Brooke Estes Little, Executrix of the Estate of Joe Richard Estes (“Respondent”), Petitioner’s sibling, filed a motion to dismiss arguing that the applicable two-year statute of limitations had expired by the time of day that Petitioner filed his will contest. The Probate Court granted Respondent’s motion. Petitioner appeals to this Court. Petitioner’s will contest was filed two years from the date that Decedent’s will was admitted to probate; thus, it was timely filed. The exact hour and minute of the day the will contest was filed is immaterial. We, therefore, vacate the judgment of the Probate Court, and remand for this case to proceed. |
Wilson | Court of Appeals | |
State of Tennessee Ex Rel. Union County, Tennessee v. Michelle Cole
Pro se litigant sought to receive part of the proceeds of a delinquent tax sale. The trial court found that she failed to prove her case. She appealed. We dismiss the appeal due to her failure to follow Tennessee Rule of Appellate Procedure 27. |
Union | Court of Appeals | |
David Hayes v. Extreme Excavation, LLC
A property owner filed suit against a contractor, asserting that a driveway built by the contractor was defective. The contractor filed a counterclaim against the property owner, seeking compensation for the balance owed for the driveway and additional work the contractor had done on the property. Prior to trial, the contractor made a motion to enforce a purported settlement agreement between the parties. The trial court denied the motion. After a trial on the merits, the court awarded the property owner the cost of repairing the driveway and dismissed the contractor’s counterclaim. The contractor appealed the court’s order. Because we conclude that the trial court should have granted the contractor’s motion to enforce the parties’ settlement agreement, we reverse. |
Washington | Court of Appeals | |
David Hayes v. Extreme Excavation, LLC
The majority opinion adopts Extreme Excavation’s position on appeal that the email exchanges between the parties’ attorneys contained all the material terms of the settlement, making the correspondence an enforceable contract. I must respectfully disagree. I believe that the parties here made an agreement to agree. Agreements to agree are unenforceable in Tennessee because their terms lack the definiteness required for performance. Four Eights, LLC v. Salem, 194 S.W.3d 484, 486-87 (Tenn. Ct. App. 2005). Contracts must have terms of sufficient definiteness to allow courts to give them exact meanings. United Am. Bank of Memphis v. Walker, 1986 WL 11250, at *1 (Tenn. Ct. App. Oct. 10, 1986). |
Washington | Court of Appeals | |
David Ashley Leonard v. Kimberly Champion Leonard
In this divorce action, the wife appeals the trial court’s distribution of the marital estate, the duration of the transitional alimony awarded to her, and the denial of her request for attorney’s fees and expenses as alimony in solido. The husband challenges the trial court’s decision to award any transitional alimony to the wife. Discerning no reversible error, we affirm. We deny the parties’ respective requests for attorney’s fees on appeal. |
Bradley | Court of Appeals | |
Kisha Dean Trezevant v. Stanley H. Trezevant, III
This is a post-divorce criminal contempt case. The trial court found Appellant guilty of four counts of criminal contempt based on Appellant’s violations of the trial court’s order. Discerning no error, we affirm |
Shelby | Court of Appeals | |
Jennifer A. Seiber v. David S. Seiber
This is an appeal from a final order entered on July 25, 2024. The notice of appeal was not filed with the Appellate Court Clerk until September 3, 2024, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal. |
Anderson | Court of Appeals | |
Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al.
This appeal is before this court on a remand from the Tennessee Supreme Court to address issues that had been previously pretermitted related to a punitive damages award. Upon consideration of the pretermitted issues in the present case, we affirm the judgment of the chancery court. |
Shelby | Court of Appeals | |
Vicki Marlene (Almonrode) Taylor v. Jack Elmer Taylor, Jr.
Husband appeals aspects of the trial court’s classification, valuation, and division of property in its order of absolute divorce. The trial court’s decision is affirmed in part, vacated in part, and reversed in part, and the matter is remanded to the trial court for further consideration. |
Cannon | Court of Appeals | |
Kerry Clay v. City of Memphis Sanitation Division
This suit was filed pursuant to the Tennessee Governmental Tort Liability Act. The plaintiff was a home improvement contractor replacing a door at a client’s home. He discarded the old door, which was placed in a garbage truck allegedly owned and operated by the defendant. The truck’s compacting mechanism was engaged, causing the door to rise and strike the plaintiff in the head. The plaintiff filed suit and was awarded damages based on injuries he suffered. The defendant filed this appeal raising several issues. Because we have determined that the evidence in the record does not preponderate against the findings of the trial court, we affirm. |
Shelby | Court of Appeals | |
Thomas J. Wolaver Et Al. v. JBEEZ, Inc.
A husband and his wife found their rental boat unsatisfactory. So they sued the rental company, alleging a violation of the Tennessee Consumer Protection Act. The rental company moved to dismiss based on a forum-selection clause in the rental agreement that required all disputes to be brought in a different county. The husband and wife responded that the venue provision of the Tennessee Consumer Protection Act controlled over the forum-selection clause. The trial court agreed with the rental company and dismissed the suit without prejudice. We vacate the judgment. |
Franklin | Court of Appeals | |
Michael Darren Franz Et Al. v. Oscar Funes
This appeal concerns premises liability. Michael Darren Franz (“Mr. Franz”) and his wife Pamela Franz (“Plaintiffs,” collectively) sued Oscar Funes (“Defendant”) in the Circuit Court for Blount County (“the Trial Court”) for injuries Mr. Franz sustained from falling down the stairs at a residential rental property built and owned by Defendant. The stairs, which led from the first floor to the second floor, lacked a code-compliant handrail going the length of the stairs. Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiffs appeal. We conclude that the reasonably foreseeable probability and gravity of harm to Plaintiffs, namely serious injury or death from falling down the stairs, outweighed the burden on Defendant to engage in alternative conduct which would have prevented a risk of harm, such as extending the railing to the top of the stairs. Under common law principles of negligence, as well as negligence per se from the code violation, Defendant owed a duty of care. In addition, genuine issues of material fact exist in this case regarding causation and comparative fault. We reverse the judgment of the Trial Court and remand for further proceedings consistent with this Opinion. |
Court of Appeals | ||
Robyn H. Hurvitz v. Whiskey Barrel Trading Company, LLC Et Al.
Pro se appellant appeals the trial court’s judgment in favor of the plaintiff in this dispute about real property. Due to the deficiencies in the appellant’s brief, we dismiss the appeal. We also conclude the appeal is frivolous and remand for an assessment of damages. |
Monroe | Court of Appeals | |
In Re Zaidyn B. Et Al.
In this case involving termination of the father’s parental rights to his children, the trial court found that six statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the father’s parental rights was in the children’s best interest. The father has appealed. Upon thorough review, we affirm the trial court’s judgment in all respects. |
Coffee | Court of Appeals | |
In Re Estate of Toni Harris
This is a breach of contract case involving a purchase and sale agreement for real property. Because the parties’ mutual mistake of law concerning ownership of the subject property negates the prima facie element of mutual assent, there is no enforceable contract. Reversed and remanded. |
Maury | Court of Appeals | |
In Re Leilani G.
A mother appeals the termination of her parental rights to her child. The chancery court found clear and convincing evidence of two statutory grounds for termination. The court also determined termination was in the child’s best interest. After a thorough review, we agree and affirm. |
Maury | Court of Appeals | |
Terrance Woods v. State of Tennessee
Following the death of his minor child, the appellant filed suit against the State of Tennessee in the Tennessee Claims Commission (the “Claims Commission”) asserting claims for wrongful death and for violation of his rights as a crime victim. The Claims Commission granted partial summary judgment and partial judgment on the pleadings in favor of the State. The appellant appeals the judgment of the Claims Commission. Having determined that the appellant’s brief is not compliant with the relevant rules of briefing in this Court, we conclude that his issues purportedly raised on appeal are waived. The appeal is dismissed. |
Court of Appeals |
