John Richardson, et al. v. Trenton Special School District
This is a negligence case involving the alleged sexual assault of a six-year-old boy by another six-year-old boy in the bathroom of an elementary school. The trial court determined that the Appellee school district was entitled to summary judgment as a matter of law because the assault was not foreseeable. We conclude that there are disputes of material fact, which preclude the grant of summary judgment. Accordingly, we reverse and remand. |
Gibson | Court of Appeals | |
Brentwood Chase Community Association v. Triet Truong, et al.
Suit to enforce restrictive covenants in a residential subdivision. The homeowners association filed suit alleging that a resident was conducting commercial activity in violation of the restrictive covenants. The trial court granted the association’s motion for summary judgment in part, enjoining the resident from conducting the activity and awarding the association attorneys fees. On appeal, the resident seeks a reversal of the determination that the activity in which she was engaged violated the covenant; the association appeals the denial of summary judgment on the additional ground on which the motion was based. Finding no error, we affirm the trial court in all respects. |
Davidson | Court of Appeals | |
Larry Williams v. City of Jamestown, Tennessee
This appeal involves a visitor to a county courthouse who slipped and fell on ice in the parking area. Because the portion of the parking area where the visitor fell was owned by the city, the visitor filed suit against the city under the Tennessee Governmental Tort Liability Act. Following a bench trial, the trial court dismissed the suit, finding that the city did not breach a duty of care to the visitor. The trial court also found that, even if there had been a breach of duty, the visitor was more than fifty percent at fault for his injuries. The visitor appeals, claiming that the trial court’s written order does not accurately reflect its oral ruling, that the city breached a duty of care by creating a dangerous condition that it did not remedy in a reasonable manner and time, and that the evidence preponderates against the trial court’s factual finding that he was more than fifty percent at fault. We affirm. |
Fentress | Court of Appeals | |
Andrea Renea Hopwood v. Corey Daniel Hopwood
This appeal concerns several issues relative to a divorce. We agree with the trial court that Mother is a candidate for rehabilitative alimony. We reverse the trial court as to the duration of the award, however, reducing the award to eight years. We also vacate the trial court’s ruling with regard to the amount of the alimony award and remand to the trial court for reconsideration of Father’s ability to pay alimony consistent with his other obligations. Finally, we reverse the trial court’s award of attorney’s fees anticipated to be incurred on appeal and vacate the trial court’s award of all of Mother’s requested attorney’s fees, instead remanding to the trial court for a determination of only those fees attributable to child custody and child support. All other issues are affirmed. |
Williamson | Court of Appeals | |
The Estate of Carlene C. Elrod v. Michael S. Petty et al.
Plaintiff appeals the summary dismissal of this action based on the statute of frauds and judicial estoppel, the award of expenses and attorney’s fees as a discovery sanction, and the award of discretionary costs. In April 2005, Carlene Elrod, now deceased, signed four quitclaim deeds conveying real property in fee simple to her grandson, Michael Petty. In April 2011, Mrs. Elrod filed a verified complaint to set aside the conveyances on tort grounds including mistake, fraud, and deceit, claiming she was under the influence of prescription medications at the time of the conveyances, which deprived her of the mental capacity to contract. Mrs. Elrod died while the action was pending and her estate was substituted as plaintiff. The estate filed an amended complaint in which it dropped all tort claims and asserted a breach of contract claim. Specifically, the estate alleged that the conveyances were based on an oral contract pursuant to which Mr. Petty agreed to pay all rental income from the properties to Mrs. Elrod until her death, and that Mr. Petty honored this agreement for five years but breached the agreement by retaining all rental income thereafter. Following discovery, the defendants, Mr. Petty and his wife, filed a motion for summary judgment. The trial court summarily dismissed the complaint finding: (1) the claims were barred by the Tennessee Statute of Frauds because they were based on a purported oral contract pertaining to the transfer of real property, and (2) the claims were barred by the doctrine of judicial estoppel given the factual inconsistencies between the initial verified complaint and the amended complaint. The court also assessed expenses and attorney’s fees against the plaintiff as a sanction for failing to comply with discovery, and discretionary costs. We affirm the grant of summary judgment based on the statute of frauds. We also affirm the award of expenses and attorney’s fees pursuant to Tenn. R. Civ. P. 37.01 and discretionary costs pursuant to Tenn. R. Civ. P. 54.04. |
Davidson | Court of Appeals | |
Patricia Sue Kuhlo v. Ernest Charles Kuhlo
In this divorce action, Husband contends the trial court erred by denying his request for “assistance of an attorney,” in valuing his minority partnership interest in a real estate venture, in the division of the marital estate, by ordering the sale of real estate without assuring the sale would be for fair market value, by awarding Wife transitional alimony, and by awarding Wife her attorney’s fees. We affirm. |
Williamson | Court of Appeals | |
Michael G. McConnell v. Armed Services Mutual Benefit Association
Employee brought action against former Employer alleging wrongful termination under the Tennessee Disability Act (“TDA”), Tenn. Code Ann. § 8-50-103; the Tennessee Human Rights Act (“THRA”), Tenn. Code Ann. §§ 4-21-101–102; impermissible disclosure of medical information in violation of the TDA; breach of contract; and misrepresentation in violation of the Tennessee Employment Security Law, Tenn. Code Ann. § 50-7-711. The trial court granted the Employer’s motion to dismiss all claims, and the Employee appeals. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Appeals | |
In re Aiden R., et al.
This case arises from the dismissal after trial of a petition to terminate the parental rights of a mother and father. The juvenile court concluded that, although the Department of Children's Services had proven grounds for terminating the parents' rights, termination was not in the best interest of the children. On appeal, we find the Department of Children's Services did not prove by clear and convincing evidence statutory grounds for termination of the father's rights. We further find clear and convincing evidence supports only two statutory grounds for terminating the mother's rights. Because clear and convincing evidence does not support a finding that termination would be in the children's best interest, we affirm the decision of the juvenile court to dismiss the petition to terminate parental rights. |
Sullivan | Court of Appeals | |
In re M.B.R.
This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of B.L.R. (Father) with respect to his child, M.B.R. (the Child). The trial court found clear and convincing evidence of four grounds supporting termination. The court also found, by the same quantum of proof, that termination is in the best interest of the Child. Father appeals. We affirm. |
Hamblen | Court of Appeals | |
Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al.
A subcontractor and general contractor executed a subcontract for a continuing care retirement community. The subcontractor filed a complaint against the general contractor and asserted claims for breach of contract and misrepresentation. The contractor filed a motion for partial summary judgment with respect to the claims for misrepresentation, which the trial court granted. The breach of contract claims were tried and the trial court awarded the subcontractor some damages, but less than the subcontractor sought. The subcontractor appealed the trial court‘s judgment granting the contractor‘s motion for partial summary judgment. We conclude the subcontractor stated claims for intentional or negligent misrepresentation and that the trial court erred in dismissing these claims. We reverse the trial court‘s judgment granting the contractor‘s motion for partial summary judgment and remand the case for further proceedings. |
Shelby | Court of Appeals | |
Cash America International, Inc. v. Geico General Insurance Co.
Insurance company filed garnishment action in general sessions court against employer garnishee. The sheriff served an hourly employee at one of the employer garnishee’s retail locations. Employer garnishee did not appear in the garnishment action, and the general sessions court entered judgment. Employer garnishee filed this action in the chancery court collaterally attacking the general sessions judgment based on improper service. The chancery court granted summary judgment in favor of employer garnishee. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Vanderbilt Mortgage and Finance, Inc. v. Phillip W. Vandergriff et al.
The plaintiff lender filed this action to quiet title to certain real property and regain possession of said property from its current occupants, one of whom owed a debt to the lender that originated in 1996. At the time of the making of the indebtedness, the debtor executed a deed of trust regarding the subject property to secure the debt. The property was subsequently sold at a delinquent tax sale in 2008. The tax sale purchaser later conveyed title to the property back to the debtor in 2012. Upon the debtor’s failure to make timely payments to the lender in 2013, the lender foreclosed on the subject property pursuant to the 1996 deed of trust. |
Anderson | Court of Appeals | |
In re Quadavon H. et al.
Mother appeals the termination of her parental rights to two children, asserting that the evidence does not sustain the grounds of abandonment by failure to support and persistence of conditions as found by the court and does not support the finding that termination of Mother's rights was in the children's best interest. Upon our review, the record clearly and convincingly supports the grounds found by the court, as well as the finding that termination of Mother's rights is in the children's best interest; consequently, we affirm the judgment. |
Knox | Court of Appeals | |
In re Anicia B.
The trial court terminated Mother's parental rights based on the grounds of abandonment by failure to visit, abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plan, and persistent conditions and based on the trial court's finding that it was in the child's best interest to terminate Mother's parental rights. Mother appealed. We affirm. |
Sullivan | Court of Appeals | |
Amanda Gilreath, et al. v. Chattanooga-Hamilton County Hospital Authority, et al.
This is a medical malpractice action1 in which the plaintiffs filed suit against the defendant hospital. The defendant hospital requested summary judgment. The trial court granted summary judgment and dismissed the action. We affirm. |
Hamilton | Court of Appeals | |
Keith C. Celebrezze v. Robin Ruben Flores, et al.
The final judgment from which the pro se appellant seeks to appeal was entered on March 22, 2016. The Notice of Appeal received by the Clerk and Master on April 19, 2016, was submitted via facsimile transmission. The appellant subsequently filed a second Notice of Appeal on May 31, 2016, more than thirty (30) days after entry of the March 22, 2016 judgment. Because the second Notice of Appeal was not timely filed, and the first Notice of Appeal submitted by facsimile transmission was insufficient to invoke the jurisdiction of this Court, we have no jurisdiction to consider this appeal. |
Hamilton | Court of Appeals | |
In Re Bailey W., et al
This case involves termination of the parental rights of a mother to her four children. After investigating a report of drug exposure, the Tennessee Department of Children’s Services (“DCS”) obtained emergency temporary custody of the children. Ten months after the children were removed from the mother’s home, DCS filed a petition to terminate the mother’s parental rights on the grounds of abandonment by willful failure to support and failure to establish a suitable home, substantial noncompliance with the permanency plan, and persistence of conditions. The juvenile court found all grounds were established by clear and convincing evidence and that termination of the mother’s parental rights was in the children’s best interests. The mother appeals both the grounds for termination and that termination was in the children’s best interests. The mother also argues her due process rights were violated because the court admitted testimony by deposition. Although we conclude that the proof was less than clear and convincing that the mother willfully failed to support her children, we affirm the termination of parental rights. |
Fentress | Court of Appeals | |
HCA Health Services of Tennessee, Inc., et al v. Bluecross Blueshield of Tennessee, Inc.
Interlocutory appeal in suit brought by healthcare corporations to recover costs for emergency medical services rendered to patients participating in Defendant’s insurance plans. We conclude that the Employee Retirement Income Security Act (“ERISA”) preempts plaintiffs’ state-law cause of action based on implied-in-law contract; that we are without subject matter jurisdiction to rule on whether Plaintiffs should be deemed to have exhausted the insurance company’s appeals process and therefore decline to consider whether summary judgment should have been granted on the defense of failure to exhaust administrative remedies; that Plaintiff is not entitled to relief under an implied-in-law contract cause of action as to those plans which are not governed by ERISA based upon the duties imposed on the parties by state and federal law; that the insurance company should have been granted summary judgment on certain coverage claims arising from plans not governed by ERISA because Plaintiffs failed to exhaust grievance procedures; that Tenn. Code Ann. § 56-7-110(b) does not bar coverage claims; and that 47 coverage claims were improperly included in this lawsuit and should have been dismissed on summary judgment. Accordingly, we affirm in part, reverse in part, and vacate in part the lower court’s order and remand for further proceedings. |
Davidson | Court of Appeals | |
Austin Davis v. Covenant Presbyterian Church of Nashville, et al.
Following the trial court’s dismissal of their complaint, the plaintiffs filed a motion for relief from judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure (“Rule 60.02”). The trial court found no basis for setting aside the judgment under Rule 60.02 and denied the motion. The plaintiffs appealed. We affirm. |
Davidson | Court of Appeals | |
Victoria Haynes v. Benton Ned Bass, et al.
Ex-wife sued ex-husband, mortgage company, title company, and attorney alleging causes of action for fraud, negligent misrepresentation, promissory estoppel, breach of contract, negligence, and civil conspiracy. Pursuant to the terms of a postnuptial agreement, a residence purchased in Collierville, Tennessee was to be ex-wife's separate property. Ex-wife alleged that ex-husband failed to deed the property to her as agreed in the postnuptial agreement. She further alleged that he forged or caused to be forged her name on loan documents for the Collierville residence, which were then “falsely notarized” by the attorney. Defendants asserted multiple defenses and filed motions to dismiss and for judgment on the pleadings. We have determined that the trial court properly dismissed all of the plaintiff's claims for failure to state a claim upon which relief could be granted. Plaintiff's damages were the result of her failure to pay the mortgage on the Collierville residence, which caused the Arkansas divorce court to hold her in contempt and to order the property sold at auction. Even if we assume that all of the allegations of the plaintiff's complaint are true, these allegations fail to make out a claim for relief. |
Shelby | Court of Appeals | |
John Howard Story et al. v. Nicholas D. Bunstein et al.
This is a legal malpractice case. Appellees, who are licensed attorneys, represented Appellants in the underlying lender's liability lawsuit. Following dismissal of all defendants in the underlying litigation, Appellants' filed a complaint for legal malpractice against Appellees. The trial court dismissed the legal malpractice case, inter alia, on the ground that the one-year statute of limitations for legal malpractice claims had expired. Tenn. Code Ann. §28-3-104(c)(1). Affirmed and remanded. |
Knox | Court of Appeals | |
Joyce Bradley Watts v. Colin Wade Watts
At issue is whether a trial court may award attorney’s fees that relate to a petition for criminal contempt when the contempt arises in the context of a child support proceeding. Mother filed a post-divorce petition asserting that Father was in criminal contempt for failing to satisfy his support obligations along with a petition seeking a judgment for child support arrearages and attorney’s fees. After an evidentiary hearing, the trial court found Father guilty of one count of criminal contempt and found that Mother was entitled to a judgment for the unpaid child support. When Mother submitted her application for attorney’s fees, Father objected arguing that an award of attorney’s fees for the prosecution of the criminal contempt petition would violate his rights under Tenn. Code Ann. § 29-9-103(b) and Article VI, Section 14 of the Tennessee Constitution. Following a hearing, the court awarded Mother her attorney’s fees related to the child support judgment pursuant to Tenn. Code Ann. § 36-5-103(c), which award is not at issue in this appeal. The court also awarded Mother the attorney’s fees she incurred in pursuit of the criminal contempt petition pursuant to Tenn. Code Ann. § 36-5-103(c) because “the criminal contempt [petition] served a dual purpose of preserving the power and vindicating the dignity and authority of the law and the Court as well as collecting substantial amounts of child support for the benefit of the minor children.” While we recognize that a criminal contempt petition may serve as the catalyst for a delinquent parent to satisfy his or her child support obligations, the purpose of criminal contempt is to uphold the court’s authority, not to enforce the private rights of a party. Moreover, the criminal contempt statute, Tenn. Code Ann. § 29-9-103(b), expressly limits the punishment that a court may award, and it makes no provision for the recovery of attorney’s fees. Because attorney’s fees incurred in a petition for criminal contempt are not provided for by statute or other rule and the purpose of criminal contempt is to uphold the court’s authority, not to enforce the private rights of a party, we reverse the award of attorney’s fees related to the petition for criminal contempt. |
Davidson | Court of Appeals | |
Ronnie Gordon v. Tractor Supply Company
Plaintiff appeals the summary dismissal of his claims for malicious prosecution, false imprisonment, and negligent supervision. Plaintiff was arrested and subsequently indicted for two criminal offenses based on statements given to police by two of Defendant’s employees at the Tractor Supply Company store in Lenoir City, Tennessee. When the criminal case went to trial, one of the charges was dismissed on the day of trial, and the jury found the defendant not guilty of the other charge. Thereafter, Plaintiff commenced this action asserting several claims. Following discovery, Defendant filed a motion to summarily dismiss all claims. The trial court granted the motion as to three of the claims: malicious prosecution, false imprisonment, and negligent supervision. The plaintiff appealed. We affirm the dismissal of the false imprisonment claim. As for the claims for malicious prosecution and negligent supervision, we have determined that material facts are disputed. Therefore, we reverse the dismissal of the claims for malicious prosecution and negligent supervision and remand for further proceedings consistent with this opinion. |
Williamson | Court of Appeals | |
In re Estate of Bruce Chapman Bower
This appeal arises over a dispute regarding the terms of a trust. Bruce Chapman Bower (“Decedent”) died having executed a trust (“the Trust”), the primary asset of which was a lake house. Decedent's son, Christopher R. Bower (“Successor Trustee”), served as Successor Trustee. Decedent's widow, Denise Bower (“Widow”), objected to the appointment of Successor Trustee, and the parties engaged in litigation over various terms of the Trust. The Probate Court for Sevier County (“Trial Court”) found that, under the Trust, Widow was entitled to exclusive use of the lake house as well as payments of $2,000 per month. Successor Trustee appealed to this Court. We reverse the judgment of the Trial Court in its interpretation of the terms of the Trust. We also modify the Trial Court's award of attorney's fees to Widow. The judgment of the Trial Court is modified, in part, and reversed, in part. |
Sevier | Court of Appeals | |
In re Milli L. et al.
Mother appeals the termination of her parental rights, asserting that the evidence does not sustain the grounds of abandonment by failure to support and persistence of conditions as found by the court and does not support the finding that termination of Mother’s rights was in the child’s best interest. Finding that the record clearly and convincingly supports the grounds found by the court, as well as the finding that termination of Mother’s rights is in the child’s best interest, we affirm the judgment. |
Knox | Court of Appeals |
