State of Tennessee v. M.L.
This is an appeal by a minor from a decision of the Circuit Court for Marion County declaring him a delinquent based upon a finding he was guilty of aggravated arson. The sole issue on appeal concerns the sufficiency of the evidence. Because the evidence is sufficient to support the finding of guilt of aggravated arson beyond a reasonable doubt, we affirm. |
Marion | Court of Appeals | |
Riley Bolding, et al. v. Dentis Sisson, et al.
This is an appeal from a judgment entered on a Jury verdict. The appeal arises out of a commercial real estate sale and involves the alleged misrepresentation of a restrictive covenant attached to property at issue. The Jury found that the Defendants/Appellants intentionally and negligently misrepresented the restrictive covenant that applied to the property. Finding that there is no material evidence to support the Jury’s finding that Plaintiffs/Appellants’ reliance upon Defendants/Appellees’ representation was justified, we vacate the Judgment entered on the Jury Verdict. |
Madison | Court of Appeals | |
Richard Schneider, Tajuana Cheshier, Jamie Page, and The Gannett Satellite Information Network, d/b/a The Jackson Sun v. The City of Jackson
This case involves the Tennessee Public Records Act. The plaintiff newspaper sought access to investigative records generated by local law enforcement during the course of criminal investigations. The newspaper also sought financial documents relating to a license agreement between the municipal government and a private baseball franchise. The municipal government refused to disclose the criminal investigative records and failed to respond to the newspaper’s written requests for the baseball franchise documents. The newspaper filed suit against the municipal government in the Madison County Chancery Court. After a show-cause hearing, the trial court ruled that the Public Records Act required the disclosure of both types of documents, and awarded the newspaper attorney’s fees. The municipal government appeals. As to the criminal investigative records, we recognize the common-law law enforcement privilege, and on that basis we vacate the judgment of the trial court, reverse the award of attorney’s fees, and remand for further proceedings. |
Madison | Court of Appeals | |
Mary Ellen Hall McIntire v. Timothy Lapleau McIntire
The trial court granted Mother’s petition in objection to Father’s proposed relocation of the parties’ minor children and amended parenting plan to award custody to Mother; ordered Father to repay prepaid child support to Mother; set Father’s child support obligation based on his current income; ordered Father to refund sums to the children’s accounts; awarded Mother the parties’ timeshare property; and ordered Father to pay $30,000 of Mother’s attorney’s fees. We affirm in part, modify in part, reverse in part, and remand. |
Shelby | Court of Appeals | |
Steven Scott Means, et al. v. David Vincent Ashby, et al.
This is the second appeal of a protracted custody dispute among the parents and an aunt and uncle of a minor child. The aunt and uncle have had legal custody since 1997. This action commenced in 2000, when the aunt and uncle filed a petition to terminate the parental rights of the parents and the parents filed counter-petitions for custody. In 2002, the trial court dismissed the petition to terminate and custody remained with the aunt and uncle. On appeal this Court affirmed the dismissal of the petition to terminate but vacated the custody determination due to the application of an incorrect legal standard. The case was remanded for the trial court to determine the legal effect of the 1997 custody order on the pending custody claims. The record in this second appeal tells us the trial court failed to determine on remand the effect of the 1997 custody order. Having determined the record is inadequate for this Court to make the determination, we have no option but to vacate the judgment of the trial court and remand this matter once again. |
Davidson | Court of Appeals | |
In the Matter of Z.A.W.
The trial court denied continuance, awarded custody of the parties’ child to Father, and refused to grant Mother visitation until she completed a psychological evaluation and petitioned the court. Mother appeals, asserting the trial court erred by denying a continuance and by refusing to award her visitation rights. We affirm the denial of a continuance, but reverse the denial of visitation and remand to the trial court to set visitation. |
Madison | Court of Appeals | |
Mary Caroline Pierpoint v. Rodney Craig Pierpoint
In this domestic relations case, Husband complains, inter alia, that the trial court erred: in awarding primary custody of the parties’ children, ages two and four, to Wife, in the amount of support obligations, and in failing to award his attorney fees. Judgment of the trial court is affirmed in part, vacated in part and remanded. |
Weakley | Court of Appeals | |
In the Matter of I.A.B, D.O.B. 1/8/2003 Eric Burt v. Elizabeth Farley
This is a custody proceeding wherein Mother offered no proof except her own testimony. When the judgment was entered against her, she argues that the trial court should have conducted a comparative fitness analysis and that the case should be remanded for this purpose. Judgment of the |
Gibson | Court of Appeals | |
Zula M. Dunn v. Norman E. Dunn
Husband appeals the trial court’s distribution of marital property and award of alimony in futuro. We affirm. |
Gibson | Court of Appeals | |
Martha Flowers (Hasenmueller) v. Steven Lee Hasenmueller
This is a contempt action arising out of a divorce. The parties’ final decree of divorce incorporated a marital dissolution agreement. The husband filed a petition for civil and criminal contempt against the wife for several alleged violations of the martial dissolution agreement. At the first hearing on the husband’s petition, the husband requested leave of court to amend his petition for contempt. Leave to amend was granted, and in light of the amendment, the trial court ordered a two-day continuance of the hearing. When the proceedings were reconvened, the trial court ruled that the wife had committed three violations of the marital dissolution agreement. The trial court awarded the husband $12,000 in attorney’s fees for prosecuting the contempt petition. The wife appeals, asserting that the trial court erred in granting the husband leave to amend his petition, finding that the wife violated the terms of the MDA, and in awarding the husband $12,000 in attorney’s fees. We affirm the grant of leave to amend the petition and the finding that the wife violated the terms of the MDA. However, the award of attorney’s fees is vacated and the cause remanded for reconsideration of this issue. |
Shelby | Court of Appeals | |
State of Tennessee, ex rel. Willie Beard v. Stacey Hannah
This is a Title IV child support case. The State appeals from the trial court’s Order refusing to set support because the Petitioner did not have legal custody of the child at the time she received public assistance from the Department of Human Services, nor was the biological parent given notice that she would have to reimburse the Department of Human Services for moneys spent on behalf of her son when she placed him in the custody of the Petitioner. We reverse and remand. |
Gibson | Court of Appeals | |
Lori Ann Russ v. Stephen Russ
This appeal stems from a divorce case. In this appeal, we are asked to determine whether the chancery court erred when it named the wife as the primary residential parent, when it adopted a visitation schedule requiring the children to be transported between husband and wife on a daily basis during the week, and when it declined to award husband alimony. The husband contends on appeal that naming him primary residential parent and adopting his permanent parenting plan would be less disruptive on the children. Further, he asserts that the court should have awarded him alimony as he was the economically disadvantaged spouse and has a limited income due to his medical condition. We affirm in part, reverse in part, and remand. |
Giles | Court of Appeals | |
Nicole Francois v. Linda Willis
This appeal involves a request for prejudgment interest in a personal injury case. After the Circuit Court for Cheatham County entered a $27,787.50 judgment for the prevailing motorist, the motorist filed a post-trial motion seeking prejudgment interest. The trial court denied the motion, and the prevailing motorist appealed. We affirm the trial court because prejudgment interest in not available in personal injury cases. |
Cheatham | Court of Appeals | |
Peggy Armstrong v. Metropolitan Nashville Hospital Authority
This appeal involves the discharge of a clerical employee by the Metropolitan Nashville General Hospital. After her discharge was upheld by the Metropolitan Nashville Hospital Authority, the employee filed a petition in the Chancery Court for Davidson County seeking judicial review of the decision to discharge her. The trial court affirmed the discharge, and the employee has appealed. Like the trial court, we have determined that the decision to discharge the employee for deficient and inefficient performance of duties is supported by substantial and material evidence. |
Davidson | Court of Appeals | |
Gary Weaver, et al. v. Thomas R. McCarter, et al.
Plaintiffs Gary and Gail Weaver filed suit against Coldwell Banker Hoffman-Burke, Inc. Realtors (“Defendant CBHB”), Jim Perdue (“Defendant Perdue”), Thomas McCarter (“Defendant McCarter”), and Chip Hunter (“Defendant Hunter”) seeking damages resulting from a failed real estate sale. The Plaintiffs specifically sought damages from Defendants CBHB and Perdue for negligence per se, negligent misrepresentation, and fraud. The trial court granted summary judgment in favor of the Plaintiffs on the issue of liability for all Defendants, but reserved ruling on damages for trial. At trial, the trial court awarded the Plaintiffs damages in the amount of $134,225.06 plus attorney’s fees and held all Defendants jointly and severally liable for the entire award. Both the Plaintiffs and Defendants CBHB and Perdue assert various issues on appeal. For the reasons stated below, we affirm in part, reverse in part, and remand this case for further proceedings. |
Shelby | Court of Appeals | |
George Palmetree, et al. v. Jess Rivera and Jess Rivera d/b/a Construction Services
The trial court entered a default judgment in favor of Plaintiffs in an action alleging breach of contract, fraud, and violations of the Tennessee Consumer Protection Act, and denied Defendant’s Rule 60.02 motion to set aside the judgment. We reverse and remand for further proceedings. |
Obion | Court of Appeals | |
Jerry Joyner v. Personal Finance Corporation
This is a summary judgment case. Appellant/Husband and his ex-wife entered into a marital dissolution agreement wherein the ex-wife was awarded the marital residence subject to the condition that should she choose to sell the property Appellant was then entitled to $20,000.00 from the net proceeds of the sale. The ex-wife refinanced the property and executed a Deed of Trust in favor of the Appellee. When ex-wife defaulted on her payments, Appellee foreclosed on the property. Appellant/Husband filed suit against the Appellee seeking enforcement of an equitable lien against the property. The trial court granted summary judgment in favor of the Appellee. We affirm. |
Henry | Court of Appeals | |
State of Tennessee, ex rel., Sharon Denise Townsend v. Eric Wayne Williamson
This appeal concerns two related, but distinct, proceedings in Juvenile Court. One was a custody proceeding, and the other a contempt of court proceeding arising from a failure to comply with child support obligations. Separate docket numbers were assigned to each case. After a judgment was rendered in the contempt proceeding, the father filed a notice of appeal. Several months later, another judgment was rendered in the custody modification proceeding. No notice of appeal was filed for the custody modification proceeding. After the case was appealed to the Court of Appeals, the father obtained a consolidation order from the Juvenile Court. On appeal, the father argues only that the Juvenile Court erred in its custody order. Finding that neither of the two orders is final and appealable, we must dismiss the father’s appeal based upon a lack of jurisdiction and remand all proceedings to the Juvenile Court. |
Shelby | Court of Appeals | |
In Re. Thomas P.
The trial court terminated the parental rights of Rene V. (“Mother”) to her child, Thomas P. (DOB: September 27, 2000),1 upon finding, by clear and convincing evidence, that grounds for terminating her parental rights existed and that termination was in the best interest of the child. Mother appeals. We affirm. |
Sevier | Court of Appeals | |
Jerry Duke, d/b/a Moscow Manor Apartments v. Browning-Ferris Industries of Tennessee, Inc., et al.
Plaintiff/Appellant filed suit against Defendants/Appellees claiming that Defendants/Appellees had violated the Tennessee Trade Practices Act, the Tennessee Consumer Protection Act, and the common law doctrines of good faith and fair dealing, and unjust enrichment in its contracting for commercial waste hauling services in the Memphis area. The trial court granted summary judgment in favor of Defendants/Appellees on both the statutory violation claims and the common law claims. We affirm. |
Fayette | Court of Appeals | |
James Jackson v. Tennessee Department of Correction, et al.
A prisoner in the custody of the Tennessee Department of Correction filed a pro se petition for common law writ of certiorari in the trial court seeking to contest the prison disciplinary board’s findings. The department filed a motion to dismiss for lack of subject matter jurisdiction, citing the petition’s lack of notarization, its failure to state that it was the first application for the writ, and the prisoner’s failure to file it within sixty (60) days of the administrative action. The trial court granted the department’s motion to dismiss. The prisoner filed a motion for a new trial asserting that he complied with Tennessee Rule of Civil Procedure 5.06. The trial court denied the motion. The prisoner timely filed an appeal to this court. We affirm the dismissal of the petition. |
Lauderdale | Court of Appeals | |
Brooke Rathnow b/n/f Rich and Diane Rathnow v. Knox County, et al. - Concurring
I agree completely with Judge Lee’s well-thought-out opinion. I write separately to emphasize what I believe is the linchpin of the reasoning in this case. |
Knox | Court of Appeals | |
Brooke Rathnow b/n/f Rich and Diane Rathnow v. Knox County, et al
A high school student was injured when she fainted after viewing a first aid instructional video depicting simulated wounds that was being shown in one of her classes. The student, through her parents, sued Knox County and the Knox County Board of Education under the Tennessee Governmental Tort Liability Act, alleging that the teacher supervising the class was negligent in allowing her to leave the classroom unattended because it was foreseeable that she might be suffering a physical reaction to the video and that she might faint. The trial court entered judgment in favor of the plaintiff and awarded her damages in the amount of $30,000. The defendants appeal, arguing that plaintiff's fainting was not foreseeable and that, even if the trial court was correct in its finding of negligence, the trial court awarded excessive damages. Upon our determination that the harm suffered by the student was not reasonably foreseeable, we reverse the judgment of the trial court and dismiss this case. |
Knox | Court of Appeals | |
Latreayl Mitchell v. Michael Green
In this appeal, we are asked to determine whether the juvenile court erred when it increased the amount of child support the father was required to pay the mother for their child born out of wedlock. The father originally filed a petition to modify child support seeking to decrease his child support obligation based on the fact that he had another child with another woman that currently resides with him. The juvenile court increased his child support obligation finding that he failed to visit his child after the mother moved to Knoxville, Tennessee, including certain periods of time when the mother brought the child to Memphis, Tennessee to visit the father. The father contends that it was error for the juvenile court to increase his child support obligation because the mother was in violation of the parental relocation statute, section 36-6-108 of the Tennessee Code, and that the father was prevented from visiting his child due to the distance and his medical condition. We affirm. |
Shelby | Court of Appeals | |
Terry L. Harris, et al. v. Jeffrey L. Stover and Nationwide Mutual Fire Insurance Company
In this appeal, we are asked to determine whether the chancery court properly granted the plaintiffs’ motion for summary judgment. In this case, a lessor and his insurance company brought a direct action against a lessee and the lessee’s insurance company seeking a declaration of the parties’ rights under the lease agreement and reimbursement to the lessor’s insurance company for amounts paid to the lessor for damages to the rental property as a result of a fire while the lessee resided on the property. On appeal, the appellant argues that under the terms of the insurance policy maintained by the lessee, no obligation to pay the lessor or his insurance company arose as a matter of law. We reverse the decision of the chancery court and remand to the chancery court for the entry of an order granting summary judgment to the appellant. |
Shelby | Court of Appeals |
