Teresa Thompson Locke et al. v. Jason D. Aston, M.D. et al.
M2022-01820-COA-R9-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Amanda J. McClendon

This is a health care liability action filed by a patient and her husband alleging serious injury as a result of surgery. The plaintiffs learned that the defendants had taken surveillance videos and sought discovery of those videos. The trial court allowed discovery of only the videos that the defendants intended to use at trial for impeachment purposes. The trial court gave the plaintiffs permission to seek an appeal under Tenn. R. Civ. P. 9. This Court granted the appeal. We affirm the trial court’s decision.

Gresham, Smith and Partners v. Middleburg Real Estate Partners, LLC
M2021-01459-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Patricia Head Moskal

In this breach of contract dispute between an engineering consulting firm and a real estate development company, we review the trial court’s holding that the real estate development company breached the contract between the parties as well as the court’s award of attorneys’ fees to the engineering consulting firm. We affirm the court’s decision in all respects. Because the parties’ agreement states that the prevailing party in litigation arising from or related to the contract shall be entitled to attorneys’ fees and costs, we remand the case to the trial court with instructions for the trial court to award the engineering firm its reasonable and necessary attorneys’ fees and costs incurred in this appeal.

Michael Briars, et al. v. John Irving, et al.
W2022-01159-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge A. Blake Neill

Plaintiffs sued for injuries and damages allegedly resulting from an automobile accident.
The trial court dismissed one of two defendants based on the statute of limitations.
Although the complaint was filed within one year of the accident, the original summons
went unserved, and plaintiffs did not obtain issuance of new process until over a year after
the issuance of the previous process. On appeal, plaintiffs contend that, because the
automobile accident resulted in a criminal prosecution, the time period for issuance of new
process under Tennessee Rule of Civil Procedure 3 was extended. We affirm.

State of Tennessee, ex rel., Nene Gloria Ananaba v. Okebugwu Sunju Ananaba
W2022-00443-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Magistrate Nancy Percer Kessler

Mother filed a petition alleging civil and criminal contempt against the father of her child
due to unpaid child support. After several continuances, including based on Mother’s
request for an in-person hearing, the juvenile court heard the matter remotely via ZOOM.
At the start of the hearing, the trial court denied Mother’s request for a continuance for an
in-person hearing. The trial court also ruled that it had the authority to choose whether
Mother would prosecute her action as civil contempt or criminal contempt. The trial court
ruled that Mother’s petition would be treated solely as a civil contempt matter, but then
refused to punish Father for his past willful failure to pay child support because he had
made a purge payment. We vacate the judgment of the trial court and remand for further
proceedings.

Samuel Adam Reese v. Lynette Erin Reese
E2022-01116-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Dennis W. Humphrey

This appeal arises from a divorce. After trial, the trial court entered a final decree of
divorce with an attached Permanent Parenting Plan regarding the parties’ minor child. The
determination of child support was left blank. A supplemental order purported to
“bifurcate” the issue of child support and transfer the case from the Roane County IV-D
office to the Anderson County IV-D office. The father appeals. Since the issue of child
support was never resolved or adjudicated, there is no final, appealable judgment. The
appeal is dismissed for lack of subject matter jurisdiction.

Jon Vazeen v. Martin Sir
M2022-00273-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Don R. Ash

Former client sued his former attorney for legal malpractice and fraud. The trial court initially dismissed all claims, but was reversed on appeal as to the fraud claims. The trial court then held a bench trial and found in favor of the defendant attorney. In a second appeal, this Court affirmed the dismissal of all fraud claims except a fraud claim related to the hourly rate charged under the parties’ written contract. That claim was remanded to the trial court for purposes of consideration of the factors outlined in in Alexander v. Inman, 974 S.W.2d 689 (Tenn. 1998). On remand, the trial judge denied the plaintiff’s efforts to disqualify him from the case and to enlarge the scope of the trial. A bench trial was eventually held, despite the plaintiff’s multiple efforts to postpone. After a late motion to continue was denied, the plaintiff did not attend trial. Following the bench trial, the trial court once again ruled in favor of the defendant attorney, resulting in the dismissal of all claims against him. Discerning no reversible error, we affirm.

Benjamin McCurry v. Agness McCurry
E2023-00995-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Thomas J. Wright

Because the order from which the appellant has filed an appeal does not constitute a final
appealable judgment, this Court lacks jurisdiction to consider this appeal.

Mark T. Stinson, Sr. v. Mr. Cooper
W2023-00161-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor JoeDae L. Jenkins

Appellant, Mark T. Stinson, has appealed an order of the Shelby County Chancery Court
that was entered on January 27, 2023. We determine that the January 27, 2023 order does
not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to
consider the appeal. The appeal is dismissed.

In Re Amayzha L.
M2023-00044-COA-R3-PT
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Sheila Calloway

This is an appeal of the termination of a father’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Davidson County (“Juvenile Court”) seeking the termination of the parental rights of Horace L. (“Father”) to his minor daughter Amayzha L. (“the Child”). The Juvenile Court found that DCS had established by clear and convincing evidence the following statutory grounds: (1) abandonment by failure to provide a suitable home, (2) persistence of conditions, and (3) failure to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the Child. Determining that DCS presented insufficient evidence to establish that the Child was removed from Father’s home or physical or legal custody, we reverse the grounds of abandonment by failure to provide a suitable home and persistence of conditions. We affirm the Juvenile Court’s judgment in all other respects, including the termination of Father’s parental rights.

In Re Tinsley L.
E2022-00965-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge J. Michael Sharp

In this appeal from the termination of parental rights, the mother does not challenge the
grounds for terminating her rights. Rather she argues that the evidence was less than clear
and convincing that termination was in the child’s best interest. After a review of both the
statutory grounds for termination and the best interest determination, we affirm.

In Re Conservatorship of Gregory Blake Arvin
M2022-01808-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor J. B. Cox

This appeal arises from a conservatorship proceeding. The issues on appeal concern the assessment of the fees of the attorney ad litem in the amount of $1,060. The trial court assessed the fees against the petitioners and the respondent, jointly and severally. The petitioners appeal, contending that, pursuant to Tennessee Code Annotated § 34-1-125, the court had no discretion but to assess the fees of the attorney ad litem against the respondent. The petitioners and the estate of the respondent also challenge the assessment of the fees against the respondent on other grounds. We have determined that the trial court was statutorily required to assess the fees of the attorney ad litem against the respondent and that it lacked the discretion to assess the fees against the petitioners. We have also determined that the petitioners have no standing to challenge the assessment of the fees against the respondent and that the issues raised by the estate of the respondent lack merit. Thus, we reverse the assessment of the fees of the attorney ad litem against the petitioners but affirm the assessment of the fees against the respondent.

CIC Services, LLC v. Suresh Prabhu, et al.
W2022-01431-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Gina C. Higgins

This case involves a dispute arising from services provided by the appellee, CIC Services, LLC (“CIC”), a creator and manager of “captive” insurance companies, to the appellant corporation, SRM Group, Inc. (“SRM”).  SRM hired CIC to form and manage two captive insurance companies to serve SRM in risk management, and the parties memorialized their relationship in two management agreements, one for each of the newly formed captive insurance companies.  When CIC subsequently ended its contractual relationship with SRM for cause, SRM demanded arbitration pursuant to the arbitration clauses contained in the agreements.  The arbitrator dismissed all of SRM’s claims.  CIC then demanded a second arbitration, seeking attorney’s fees, expenses, and costs incurred during the first arbitration and stating claims for breach of contract and fraudulent inducement against SRM.  The second arbitrator ultimately awarded to CIC $261,487.04 in attorney’s fees, expenses, and costs incurred during the first arbitration proceeding, pursuant to the indemnity clauses in the parties’ management agreements, and $137,337.50 in attorney’s fees, expenses, and costs because CIC was the substantially prevailing party in the second arbitration.  When SRM did not respond to CIC’s demand for payment of this award, CIC moved for confirmation of the award in the Shelby County Circuit Court (“trial court”).   SRM responded by filing a motion with the trial court to modify or vacate the award.  After the parties fully briefed the issues, the trial court confirmed the award in full and concomitantly denied SRM’s motion to modify or vacate.  SRM timely appealed.  Upon review, we  affirm the trial court’s confirmation of the arbitration award, determining that because appellant Suresh Prabhu voluntarily participated in both arbitrations without raising objection to the potential attachment of liability against him as an individual, Mr. Prabhu and SRM have waived objection to the attachment of individual liability to Mr. Prabhu.  We further determine that the trial court properly denied SRM’s motion to vacate the award because the second arbitrator acted within her discretion to direct the arbitration procedure and SRM has failed to show any of the criteria necessary to meet the high standard for vacatur pursuant to the Federal Arbitration Act or the Commercial Rules of the American Arbitration Association.

Loretta Hartman v. Tina Massengill
E2022-01769-COA_R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge James E. Lauderback

This appeal concerns the ownership of property used by the defendant but owned by her
father and stepmother. The plaintiff stepmother secured a writ of possession from the
general sessions court once her husband passed away. The defendant appealed to the
circuit court, which ruled that the property at issue belonged to the plaintiff. We affirm.

In Re Austin S. Et Al.
E2022-01277-COA-R3-PT
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Jeffrey D. Rader

Mother appeals the termination of her parental rights to her children. Upon our review, we
conclude that the record contains clear and convincing evidence to support the grounds for
termination and that termination was in the best interest of the children.

Stephen Rushing v. Dawn Rushing (Strickland)
E2022-01229-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Douglas T. Jenkins

This is an appeal of a modification to a permanent parenting plan. Dawn Rushing
Strickland (“Mother”) filed a motion to modify the permanent parenting plan governing
the custody and visitation of two children from her prior marriage to Stephen Rushing
(“Father”). The Chancery Court for Hamblen County (“Trial Court”) granted the motion
and modified the permanent parenting plan to designate Mother the primary residential
parent and grant her 265 co-parenting days and Father 100 co-parenting days. Father has
appealed. Upon our review of the final order, we conclude that the Trial Court
erroneously considered Mother’s gender in determining that a material change in
circumstance had occurred affecting the children’s best interest and that its finding that
the best interest factors did not favor one parent over the other demonstrates that Mother
failed to carry her burden of proof. We accordingly reverse the Trial Court’s
modification of the permanent parenting plan. Mother’s request for attorney’s fees on
appeal is denied.

In Re Estate of Mary Hutcheson Moon Ballard
E2022-01147-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Jeffrey M. Atherton

In this matter concerning the interpretation of a will, John Moon and Shannon Moon (“John” and “Shannon”) (“Claimants,” collectively) filed a claim in the Chancery Court for Hamilton County (“the Trial Court”) against the estate of their late sister, Mary Hutcheson Moon Ballard(“Mary”).1 Arthur Ballard (“Arthur”), Mary’s husband, filed an exception to the claim. Mary’s grandmother, Elise Chapin Moon (“Elise”), had established a trust for her grandchildren, including Mary. It is Claimants’ position that a bloodline provision in Elise’s will (“the Moon Will”) excludes spouses of grandchildren from receiving trust proceeds. The Trial Court, having put certain questions to a jury, ruled in favor of Arthur. Claimants appeal. We hold that once Mary received the funds from the trust, which dissolved in 2016, the funds were hers outright and no longer subject to the will’s “bloodline” restriction. We hold further that the Trial Court erred by putting questions to a jury when the case was resolvable as a matter of law. However, the error was harmless. We affirm the judgment of the Trial Court.

Rex Sullivan Ex Rel. Rose Sullivan v. James Carden Et Al.
E2022-01234-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Justin C. Angel

This appeal concerns a claim of negligence. Rex Sullivan, individually and in his capacity as the Administrator Ad Litem for his deceased wife (“Plaintiff”),1filed a complaint in the Rhea County Circuit Court (“the Trial Court”), seeking damages from James Carden and Carden Trucking Company (“Defendants”)for injuries Plaintiff suffered in a November 2018 car accident. Plaintiff alleged that his accident was caused by Defendants’ failure to remove excessive mud they had deposited onto the rural road he drove on. The Trial Court granted summary judgment in favor of Defendants. Plaintiff appeals. We affirm the Trial Court’s grant of summary judgment with respect to Plaintiff’s claim for punitive damages, which Plaintiff has not appealed. Otherwise, given the existence of genuine issues of material fact such as how much mud was deposited on to the road and the foreseeability of the risk of injury, we reverse the judgment of the Trial Court and remand for further proceedings consistent with this Opinion.

Timothy Hopson v. Smith Wholesale, LLC
E2023-01153-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Suzanne S. Cook

This is an appeal from a final order entered on July 6, 2023. The Notice of Appeal was not
filed with the Appellate Court Clerk until August 11, 2023, 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.

Mechelle Hollis Ex Rel. Nicole N. Et Al v. Manuel M. Sanchez
M2022-01190-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Thomas W. Brothers

After a car accident, a plaintiff sued a defendant, but never served him with process.  Almost two years later, the defendant moved to dismiss the case as time-barred.  The plaintiff opposed the dismissal and moved for an enlargement of time to serve the defendant.  The court denied the requested enlargement and dismissed the case.  We affirm.

Amanda B. Wolfe v. Surgoinsville Beer Board Et Al.
E2022-01605-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Senior Judge Thomas J. Wright

Following the denial of her application for a beer permit, Amanda B. Wolfe (“Ms. Wolfe”)
filed a Petition for Writ of Certiorari in the Circuit Court for Hawkins County (the “trial
court”) against Surgoinsville Beer Board (the “Beer Board”) and the Town of Surgoinsville
(collectively, “the City”), seeking a trial de novo. Ms. Wolfe contended that the Beer Board
incorrectly reviewed her application for a beer permit under a newly amended ordinance.
After a bench trial, the trial court ruled in Ms. Wolfe’s favor, ordering the issuance of her
beer permit and finding that the amended ordinance lacked a rational basis. Having
reviewed the record, we affirm the judgment of the trial court.

In Re Estate of Charles Leonard Welch
M2023-00118-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Andra J. Hedrick

This appeal arises from a will contest by the decedent’s children. Counsel for the contestants and counsel for the executrix engaged in settlement negotiations on behalf of their clients. The executrix submitted a motion to enforce the settlement. After an evidentiary hearing on the motion, the Probate Court granted the motion and entered an order of voluntary dismissal of the contestants’ claims with prejudice. The contestants appeal. We affirm.

Monica A. Davalos (Dale) v. Douglas C. Dale
E2022-00859-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge W. Jeffrey Hollingsworth

Chad Aaron Reagan v. Rachel Bogart Reagan
E2023-00499-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Carter Scott Moore

The March 9, 2023 order from which the appellant has appealed was not effectively
entered. Therefore, there is no final appealable judgment, and this Court lacks jurisdiction
to consider this appeal.

In Re James T.
M2022-01666-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Robert E. Lee Davies

A foster mother filed a petition to terminate parental rights and adopt a minor child. This appeal concerns the rights of a putative father who signed a Voluntary Acknowledgment of Paternity asserting that he was the biological father of the minor child. We have determined that the foster mother had standing to challenge the VAP, and we affirm the trial court’s decision disestablishing the putative father’s status as legal father.

Susan M. Austin v. Tommy Joe Richmond
W2022-00559-COA-R3-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge James P. Gallagher

Mother appeals the trial court’s order dismissing her petition for civil contempt and
awarding Father a money judgment and his attorney’s fees. Because the trial court failed
to conduct an evidentiary hearing, we conclude that there was no evidence before it from
which to make a ruling. Accordingly, we vacate the judgment of the trial court and remand
with instructions to conduct an evidentiary hearing on all issues in this case.