COURT OF APPEALS OPINIONS

Deirdre Wilson v. Regions Bank
M2026-00552-COA-T10B-CV
Authoring Judge: Judge William E. Phillips, II
Trial Court Judge: Judge Robin Kimbrough Hayes

Plaintiff/Appellant has filed an accelerated interlocutory appeal as of right under Tennessee Supreme Court Rule 10B, Section 2, seeking review of the Davidson County General Sessions Court’s order denying Appellant’s motion to recuse the General Sessions judge in a civil warrant proceeding against Defendant/Appellee.  We conclude this Court lacks jurisdiction to entertain a Rule 10B appeal from the General Sessions Court of Davidson County when it is not exercising concurrent jurisdiction with a court of record.  Accordingly, this appeal is transferred to the Circuit Court of Davidson County for disposition.

Margaret Daniel et al. v. Rick's Barbeque, Inc. et al.
M2025-01009-COA-R3-CV
Authoring Judge: Judge Steven W. Maroney
Trial Court Judge: Judge Christopher V. Sockwell

This appeal requires us to determine whether the trial court erred in granting summary judgment to the Appellees, finding that Appellant’s own inattention was the cause of her accident and that she was more than 50% at fault for her injuries.  Discerning no error, we affirm.

James Whitfield Livingston v. Lauren Elizabeth Logue
M2024-00878-COA-R3-JV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Sheila Calloway

After an extended trial, the court adopted a permanent parenting plan for the child of unwed parents and determined the father’s child support obligation.  Mother takes issue with both decisions.  Discerning no abuse of discretion, we affirm. 

In Re Kylee T.
W2025-01055-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor James R. Newsom

Inthis case involving termination of the mother’s parental rights to her child, the Shelby County Chancery Court (“trial court”) determined that one statutory ground for termination had been proven by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed. Discerning no reversible error, we affirm.

Cynthia Torres v. YMCA Foundation of Middle Tennessee
M2024-00720-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Deanna Bell Johnson

The appeal concerns the scope and enforceability of a liability waiver.  The trial court determined the liability waiver applied to the plaintiff’s claims of personal injury and granted the defendant summary judgment.  We agree and affirm

Eddrick Booker v. Tennessee Board of Parole
M2025-01353-COA-R3-CV
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Russell T. Perkins

This appeal arises from the dismissal of a defective petition for writ of certiorari for lack of subject matter jurisdiction. The trial court granted the Appellee’s motion to dismiss after Appellant failed to verify and notarize the petition under the requirements set forth in Tennessee Code Annotated section 27-8-106. Discerning no error, we affirm.

In Re Gracelyn H.
W2025-00668-COA-R3-PT
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Chancellor Steven W. Maroney

This is a termination of parental rights appeal. The trial court found clear and convincing
evidence to terminate father’s parental rights to the minor child on three statutory
grounds: abandonment by failure to support, father’s confinement as the result of a criminal
sentence of ten or more years when the child was under eight years old, and father’s failure
to manifest an ability and willingness to personally assume legal and physical custody of
the child. The trial court further concluded that termination was in the child’s best interest.
We vacate the trial court’s finding as to father’s failure to manifest an ability and
willingness to assume custody of the child. We affirm the judgment of the trial court in all
other respects.

In Re Ellie C.
W2025-01072-COA-R3-JV
Authoring Judge: Presiding Judge John W. McClarty
Trial Court Judge: Judge Tarik B. Sugarmon

This appeal arises from the trial court’s modification of a residential schedule in which the
trial court awarded the parents equal co-parenting time. We now affirm.

Camille Webb Steward v. Orson Eric Steward
M2026-00546-COA-T10B-CV
Authoring Judge: Judge Steven W. Maroney
Trial Court Judge: Judge Deana C. Hood

This accelerated interlocutory appeal requires us to determine whether the trial court erred in denying Appellant’s motion for recusal, which was brought pursuant to Tennessee Supreme Court Rule 10B § 2.02.  Because Appellant’s petition fails to comply with the requirements of Tennessee Supreme Court Rule 10B§ 1.01, the appeal is dismissed.

ROSE CHRISTIAN V. JEFFERSON CITY, ET AL.
E2025-00926-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor James H. Ripley

This appeal arises from a declaratory judgment action concerning the rezoning of property
by the Jefferson City Council. The trial court affirmed the rezoning. We now affirm the
ruling of the trial court.

In Re Laila T.
W2025-01306-COA-R3-JV
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Tarik B. Sugarmon

The mother appeals the juvenile court’s decision to impose sanctions against her for failing
to produce documents in response to the father’s repeated discovery requests. She also
challenges the amount of the award of attorney’s fees. We affirm.

Joshua Matthew Brown v. Kimberly Higginbotham Brown
M2024-01179-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Joe Thompson

This is an appeal from a final decree of divorce.  The parties were married over twenty years and had three children.  The mother was a stay-at-home parent while Father was employed. At trial, they stipulated to separate parenting schedules for their two teenagers but could not agree on a parenting schedule for their youngest daughter, a former foster child they had adopted years earlier.  The trial court designated the father primary residential parent of the youngest daughter and adopted a parenting schedule with equal parenting time on an alternating weekly basis.  The trial court denied the mother’s request for alimony in futuro and awarded her transitional alimony for a period of five months.  The trial court ordered the father to pay $6,000 of the mother’s attorney fees, but each party was deemed responsible for the remainder of his or her own attorney fees.  The mother appeals.  We reverse in part, vacate in part, and remand for further proceedings.

Keith King v. Dayco Incorporated
W2025-00262-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Valerie L. Smith

Worker employed by a temporary staffing agency was assigned to one of the agency’s clients and then injured while working. In suing the client for negligence, the worker relied on the contract between agency and client that provided that such assignees would not be considered employees of the client. The trial court granted summary judgment for the client, finding that the worker was a co-employee of the client and thus subject to the exclusive remedy provision of the Tennessee Workers’ Compensation Law. Because the worker admitted all of the facts establishing his status as an employee of the client by failing to dispute them, we affirm.

Mayor Lee Harris et al. v. Governor Bill Lee et al.
M2025-01915-COA-R9-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Patricia Head Moskal

The plaintiffs sued various state officials to enjoin the deployment of Tennessee National Guard troops in support of the President’s Memphis Safe Task Force. The trial court granted a temporary injunction, and the state defendants filed a Tenn. R. App. P. 9 motion seeking permission to appeal, which the Court of Appeals granted. Finding that the plaintiffs lack standing, we reverse the issuance of the injunction.

Essie James, et al. v. Petra Finance, LLC, et al.
W2024-00795-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Melanie Taylor Jefferson

This case involves a petition for rescission of a mortgage loan based on fraud in the
inducement. The trial court granted summary judgment to the defendants on two separate
grounds. The first basis for the trial court’s grant of summary judgment was that the
plaintiff sought rescission of the loan transaction but admitted that he could not repay the
amount he received in the transaction and also admitted that he could not restore the status
quo if the note and deed of trust were rescinded. Because the plaintiff was unable to place
the parties in their prior status, the trial court found that he was not entitled to rescission.
Next, the trial court found that the plaintiff failed to identify any misrepresentation made
by the original lender and only alleged misrepresentation by the mortgage broker, who was
not a party to this lawsuit. The trial court found that the plaintiff failed to present any
evidence or legal theory showing that the mortgage broker was acting as an agent of the
original lender, so his statements were not attributable to the defendants. The plaintiff
appeals. We affirm.

In Re James K.
W2025-01189-COA-R3-PT
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Chancellor Steven W. Maroney

In this termination of parental rights case, Appellant/Mother appeals the trial court’s termination of her parental rights to the minor child on the ground of persistent conditions, Tenn. Code Ann. § 36-1-113(g)(3).  Because there is clear and convincing evidence to support this ground and the trial court’s determination that termination of Appellant’s parental rights is in the child’s best interests, we affirm.

In Re Estate of Ronald C. Perry
M2025-00251-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Kimberly Lund

In this probate action, the executor of the decedent’s estate alleged that the defendant, who was the decedent’s wife, had exercised undue influence over the decedent.  Following a bench trial, the trial court dismissed the complaint upon finding that the defendant did not have a confidential relationship with the decedent.  The plaintiff has appealed.  Discerning no reversible error, we affirm.                                                                

STEVEN R. POWELL v. KNOXVILLE TVA EMPLOYEES CREDIT UNION
E2026-00463-COA-T10B-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor John C. Rambo

This is an interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B by the defendant below, Steven R. Powell, regarding his motion for recusal of the chancellor. Having reviewed the petition for recusal appeal, we determine it to be fatally deficient. We therefore dismiss the appeal

ETHAN BLACKBURN v. ALEXIS COOPER-HILL
E2025-00855-COA-R3-JV
Authoring Judge: JOHN W. MCCLARTY, P.J., E.S.; THOMAS R. FRIERSON, II, J.; AND WILLIAM E. PHILLIPS, II, J.
Trial Court Judge: Chancellor Michael S. Pemberton

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.

EVA HAVLICEK ET AL. v. SEVIER COUNTY REGIONAL PLANNING COMMISSION, LLC ET AL.
E2024-01101-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor James H. Ripley

Unhappy with a planning commission’s approval of a subdivision concept plan, a not-forprofit
corporation and an adjoining property owner petitioned for a writ of certiorari. The
court dismissed the case for lack of subject matter jurisdiction. It concluded that the
commission’s approval of a concept plan was not final for purposes of judicial review. We
agree that the court lacked subject matter jurisdiction albeit on a different basis.

IN RE AUDREY B.
E2026-00067-COA-R3-PT
Authoring Judge: JOHN W. MCCLARTY, P.J., E.S.; KRISTI M. DAVIS, J.; AND WILLIAM E. PHILLIPS, II, J.
Trial Court Judge: Chancellor Douglas T. Jenkins

This is an appeal from a final order entered on December 10, 2025. The notice of appeal
was electronically filed with the clerk of the Court of Appeals on January 14, 2026, more
than thirty days from the date of entry of the orders 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.

Shervin Shahriari et al. v. Ikon Electric Services, Inc. et al.
M2026-00557-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Deanna B. Johnson

A defendant appeals a judgment arising out of a dispute over residential electrical work. Because the defendant did not file his notice of appeal with the Clerk of the Appellate Court within thirty days after entry of the judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Samuel Forrester Hunter v. Winnie Sue Cooper
M2026-00457-COA-T10B-CV
Authoring Judge: Presiding Judge John W. McClarty
Trial Court Judge: Judge Deanna C. Hood

This is an accelerated interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, filed by Samuel Forrester Hunter (“Father”) seeking to recuse the trial judge in this case. Having reviewed the petition for recusal appeal filed by Father, and finding no error, we affirm the denial of the recusal motion.

Robert-Henry Butts IV v. Jacob Berti
M2025-00177-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Michael Wayne Collins

Plaintiff appeals the dismissal of his claim for false imprisonment based on the expiration of the applicable statute of limitations. We reverse.

Remmia Radhakrishnan Sukapurath v. Sajeesh Kumar Kamala Raghavan
W2026-00450-CCA-T10B-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Senior Judge W. Mark Ward

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in Appellant’s petition, the appeal is dismissed.