RCR Building Corporation v. Pinnacle Hospitality Partners, et al.
This appeal involves a contract for the construction of a hotel. The project owner refused to make the final payment owed to the general contractor, claiming that it was entitled to withhold $237,000 in liquidated damages because the project was not completed on time, in addition to deducting other “offsets” under the contract. The general contractor claimed that the owner was not entitled to liquidated damages for several reasons, including the fact that the owner had caused delays, and the fact that the owner had failed to make a timely claim for liquidated damages as required by the contract. The trial court granted partial summary judgment to the owner on the issue of liquidated damages, allowing the owner to subtract $237,000 from the final payment it owed under the contract. The court also resolved several other issues between the parties. The trial court declared the owner to be the prevailing party in the litigation and awarded the owner its attorney’s fees. The general contractor appeals. We affirm in part and reverse in part and remand for further proceedings. |
Davidson | Court of Appeals | |
Linda M. Pettigrew v. Dennis A. Pettigrew
In this divorce case, the Trial Court awarded the wife her attorney's fees as alimony in solido. The husband appeals this issue arguing that the wife's property settlement was such that she should pay her attorney's fees out of the property settlement. On appeal, we affirm the Trial Court. |
Hamilton | Court of Appeals | |
In Re Preston C. G.
This appeal involves Father’s petition to be named primary residential parent of his son. The trial court held that a material change in circumstances had occurred and that it was in the child’s best interest to spend more time with the Father; however, the court determined that Mother should remain the child’s primary residential parent. Father appeals the trial court’s determination that it is in the best interest of the parties’ son for Mother to be the primary residential parent. Finding no error, we affirm. |
Maury | Court of Appeals | |
Filippo Carbone v. Brenda Blaeser
This is a child custody case. Appellant/Mother appeals the denial of her Tennessee Rule of Civil Procedure 59.04 motion to vacate the order granting Father/Appellee’s petition for custody of the minor child and for enrollment of a foreign decree on custody. Mother received, at most, three days notice before the hearing on Father’s petition in violation of Tennessee Rule of Civil Procedure 6.04. Because Mother did not receive adequate notice, we conclude that the trial court erred in denying Mother Rule 59 relief. Reversed and remanded. |
Carroll | Court of Appeals | |
Tikita Jones v. Shelby County Government Civil Service Merit Board & Shelby County Division of Health Services
This is an appeal from an administrative decision on the termination of the employment of a municipal employee. The appellant employee was fired from her job with the appellee municipal health department for accessing patient medical records without authorization. The appellee civil service merit board of the municipality conducted an administrative hearing and upheld the termination of her employment. The employee filed a lawsuit in chancery court seeking judicial review of this decision. The trial court affirmed the decision of the civil service merit board and upheld the termination. The employee now appeals this decision, arguing that her due process rights were violated and that the decision of the civil service merit board was not supported by substantial and material evidence. We affirm. |
Shelby | Court of Appeals | |
Covista Communications, Inc. v. Oorah, Inc. d/b/a Cucumber Communications, Inc.
This appeal involves in personam jurisdiction over an out-of-state defendant. The chancery court granted the defendant’s motion to dismiss for lack of personal jurisdiction pursuant to Rule 12.02(2) of the Tennessee Rules of Civil Procedure. The court found that the defendant had not purposely availed itself of the privilege of doing business in Tennessee and did not have sufficient contacts with Tennessee to be subjected to jurisdiction in this state. The plaintiff, a corporation that claims its principal place of business is in Tennessee, appeals. We find that the circumstances do not support the exercise of personal jurisdiction over the defendant foreign corporation by a Tennessee court. Accordingly, we affirm. |
Hamilton | Court of Appeals | |
Lisa Smith c/o rodterrius M. Tinnel (Deceased) et al. v. HFH, Inc. d/b/a DHL and Pacific Employers Insurance Company et al.
This is an appeal from an order denying a motion to set aside an order of dismissal for failure to state a claim. Because the appellant did not file her notice of appeal with the trial court clerk within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal. |
Davidson | Court of Appeals | |
Latif Abdulsayed et al. v. Randal Hand et al.
This appeal arises from two very unorthodox contracts by which Buyers purchased a retail convenience market, the equipment and inventory of the market, and the underlying real estate. Within four months of the purchase, Buyers commenced this action seeking rescission of the contracts on the basis of Sellers’ breach of contract, fraud, and misrepresentation. Sellers prevailed on all issues in the trial court and recovered the business and real estate. The trial court also ruled that Sellers were entitled to keep the $190,000 down payment on the real estate. On appeal, Buyers raise several issues, inter alia, they contend the trial court erred in finding they did not prove fraudulent inducement or intentional misrepresentation, that the court erred in finding that Buyers breached the contract, and that the trial court erred in awarding Sellers the $190,000 down payment as damages for Buyers’ breach of the contract when Sellers did not plead damages in their counter-complaint. We have determined the evidence preponderates against the trial court’s finding that Sellers did not make intentional misrepresentations, and that, to the contrary, the preponderance of the evidence established that Sellers made intentional misrepresentations for which Buyers are entitled to a rescission of the contracts and return of their $190,000 down payment. |
Davidson | Court of Appeals | |
In Re: Zacharias T.M., et al.
The State of Tennessee Department of Children’s Services (“DCS”) filed a petition in |
Blount | Court of Appeals | |
In Re: Wyatt S.
This appeal arises from a dependency and neglect proceeding. The State of Tennessee, Department of Children’s Services (“DCS”) filed a petition against Lisa M. S. (“Mother”) seeking to adjudicate her minor child Wyatt S. (“the Child”), born in March of 1998, dependent and neglected. The petition was rooted in the Child’s disclosures that Mother had sexually abused him. The juvenile court found the Child dependent and neglected. Mother appealed to the Circuit Court for Cumberland County (“the Trial Court”) for a de novo hearing. The Trial Court found the Child dependent and neglected by clear and convincing evidence. The Trial Court also specifically found severe child abuse in this case. Mother appeals to this Court. We affirm the judgment of the Trial Court in its entirety. |
Cumberland | Court of Appeals | |
State of Tennessee v. Allen Kelley
This is an appeal from the dismissal of Appellant/juvenile’s appeal of the juvenile court’s determination of delinquency to the circuit court pursuant to Tennessee Code Annotated Section 37-1-159. While the appeal was pending, Appellant ran away from the group home, where he had been ordered to live. Appellee Department of Children’s Services filed a motion to dismiss the appeal. The circuit court determined that the appeal should be dismissed based upon application of the fugitive disentitlement doctrine. The court further determined that Appellant had capacity, under the Rule of Sevens, to be held responsible for his actions. Discerning no error, we affirm. |
Franklin | Court of Appeals | |
Leon Marshall v. Civil Service Commission of the State of Tennessee and the Tennessee Department of Safety
Pursuant to Tennessee Code Annotated section 4-5-322, a former Tennessee State Trooper appeals the chancery court’s judgment affirming the Tennessee Civil Service Commission’s decision to terminate his employment. The Commission affirmed the initial order of the Administrative Law Judge, who upheld the Tennessee Department of Safety’s decision to terminate the trooper’s employment for violations of its policies and procedures and for the good of the service pursuant to Tennessee Code Annotated section 8-30-326. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Cotton States Mutual Insurance Company v. Jami McNair Tuck, et al.
An insurance company filed a declaratory judgment action seeking a declaration that mother and child were residents of the insured’s household, and therefore, that coverage for the death of the child was excluded bythe relevanthomeowner’s insurance policy. The chancery court found that mother and child were not residents of the insured’s household at the time of the child’s death, and we affirm. |
Lincoln | Court of Appeals | |
In the Matter of: Connor S.L.
In this paternity case, Father appeals the Carroll County Juvenile Court’s rulings with regard to custody and parenting time with his minor child. The trial court’s ruling as to the paternity of the child is affirmed. However, because the trial court did not comply with Rule 52.01 of the Tennessee Rules of Civil Procedure, we vacate the judgment of the trial court with regard to custody and the parenting schedule and remand for entry of an order with appropriate findings of fact and conclusions of law. |
Carroll | Court of Appeals | |
In Re: Isobel V. O. and Bree'Ana J.A.
The trial court terminated the parental rights of Mother and Father based on abandonment for failure to support and failure to provide a suitable home, substantial noncompliance with the permanency plan, and persistence of conditions. We reverse termination on the grounds of abandonment, and affirm termination of parental rights on the grounds of substantial noncompliance with the permanency plan and persistence of conditions. We also affirm the trial court’s determination that termination of parental rights is in the best interests of the children. |
Rutherford | Court of Appeals | |
Leroy J. Humphries, et al. v. Nicolas C. Minbiole, et al.
This appeal involves a dispute between adjacent landowners over Defendants’ installation of a private water line within a right-of-way easement across the Plaintiffs’ property. Following a bench trial, the trial court concluded that Defendants’ private water line trespassed on Plaintiffs’ property. Further, the trial court ordered that the Defendants would be incarcerated if they did not remove the water line and return Plaintiffs’ property to its previous condition within thirty (30) days. Defendants appealed. We affirm in part and remand for further proceedings. |
DeKalb | Court of Appeals | |
James D. Holder and Barbara L. Holder v. S & S Family Entertainment, LLC
Plaintiff purchased family entertainment center businesses from defendants and it leased, from defendants, buildings in which the entertainment centers were operated. Plaintiff also purchased certain assets from defendants, but a dispute ultimately arose regarding certain assets’ inclusion within the sale. At the expiration of the building leases, defendants filed suit claiming that plaintiff had damaged their property, that plaintiff had improperly removed certain items from the buildings, and that it had failed to remove other items which it should have removed. Plaintiff filed an answer and counterclaim asserting ownership of the allegedly damaged, improperly removed, and non-removed property, and further claiming that defendants had reneged upon an agreement to sell it one of the buildings at issue. The trial court entered a brief order awarding defendants damages and dismissing plaintiff’s counterclaim. Plaintiff moved the trial court to alter or amend its judgment and for entry of a final order. The trial court denied plaintiff’s motion, finding there were no remaining issues in need of resolution. We find that the order appealed is not a final judgment, and therefore, that this Court lacks jurisdiction in this matter. Thus, we must dismiss this appeal and remand to the trial court for appropriate findings and entry of a final order. |
Sumner | Court of Appeals | |
Sammie Netters v. Tennessee Board of Probation and Parole
This appeal involves an inmate’s petitions for writ of certiorari challenging the Board of Probation and Parole’s decisions to deny him parole on two separate occasions. The trial court dismissed the inmate’s claims related to one parole hearing but requiring further proceedings as to his claims related to the second parole hearing. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | |
City of Memphis Civil Service Commission v. Steven Payton
A City of Memphis firefighter who participated in the City’s employee assistance program was terminated after his second positive drug screen. The firefighter appealed his termination to the Civil Service Commission. He argued that his drug screen results were confidential under federal law and that he had not executed a consent form to authorize the disclosure of the results to the City. The Commission overruled the firefighter’s motion to exclude the test results and upheld his termination. The chancery court reversed, finding that the drug screen results were inadmissible because the City had failed to comply with federal law. We find substantial and material evidence to support the decision of the Commission, and therefore reverse the decision of the chancery court. |
Shelby | Court of Appeals | |
City of Memphis Civil Service Commission v. Steven Payton - Concurring
I concur in the majority’s holding that the followup drug screen at issue was not a “[r]ecord[] of the identity, diagnosis, prognosis, or treatment” of Mr. Payton, and therefore was not covered by 42 U.S.C.A. § 290dd-2(a). |
Shelby | Court of Appeals | |
Jimmy Dill v. City of Clarksville, Tennessee, et al. - Concur
|
Montgomery | Court of Appeals | |
Debbie Sikora ex rel. Shelley Mook v. Tyler Mook et al.
This is a custody action in which the father and paternal grandparents appeal the trial court’s designation of the maternal grandmother as the primary residential parent of the father’s seven-year-old daughter following the disappearance of the mother of the child, who was the primary residential parent. The trial court found that the father was unfit to parent the child and that he posed a substantial risk of harm to the child due to his history of domestic violence and the danger from exposure to the father’s drug activities and father’s associates. On appeal, the father and the paternal grandparents raise numerous issues relating to the trial court’s decision. They argue, inter alia, that the trial court erred in considering evidence of the father’s conduct that occurred prior to the entry of the Final Divorce Decree, that the evidence presented at trial was insufficient to overcome the father’s superior parental rights, that the decision to award custody to the maternal grandmother was not in the best interest of the child, that the trial court erred in awarding custody to the maternal grandmother, and that the trial court erred in allowing the maternal grandmother to relocate to Pennsylvania. We have concluded that the evidence does not preponderate against the trial court’s factual findings and that the evidence clearly and convincingly established that designation of the father as the primary residential parent would expose the child to the risk of substantial harm. Accordingly, we affirm the trial court’s designation of the maternal grandmother as the primary residential parent of the father’s seven-year-old child. |
Bedford | Court of Appeals | |
Jimmy Dill v. City of Clarksville, Tennessee, et al.
Former police officer sought certiorari review of the City of Clarksville’s decision to terminate his employment, contending that the City failed to follow the disciplinary procedure set forth in the City Code and that, as a consequence, his termination deprived him of due process of law. The trial court held that there was material evidence to support the decision to terminate petitioner and returned the case to the City to have the head of the human resources department conduct a review of the investigation and appropriateness of the penalty; following a report from the head of the human resources department, the court entered a final order granting judgment to the City. Concluding that the failure of the City to follow its disciplinary procedure deprived petitioner of his due process right, we reverse the judgment, vacate the termination and remand the case for further proceedings. |
Montgomery | Court of Appeals | |
Jolyn Cullum, et al v. Jan McCool, et al
This is a negligence case in which Jolyn Cullum and Andrew Cullum sued Jan McCool, William H. McCool, and Wal-Mart for injuries arising in a Wal-Mart parking lot. Wal-Mart filed a motion to dismiss, alleging that the Cullums had failed to state a claim upon which relief could be granted. The trial court dismissed the suit against Wal-Mart. The Cullums appeal. We reverse the decision of the trial court and remand the case. |
Hamilton | Court of Appeals | |
Paul Shearer et al. v. Fred McArthur et al.
This appeal involves an option contract under which the defendants agreed to buy a piece of property from the plaintiffs at any time. We find no error in the trial court’s determination that the option contract was supported by consideration, that the plaintiffs exercised the option within a reasonable time, and that the plaintiffs did not waive the option by pursuing an inconsistent remedy. We, therefore, affirm the judgment of the trial court. |
Marion | Court of Appeals |
