Northwest Tennessee Motorsports Park, LLC v. Tennessee Asphalt Company
This is a breach of contract case. Appellants contracted with Appellees to pave their existing drag strip. Because the soil under the drag strip contained too much moisture, the paving project failed and other parts of the drag strip not included in the contract were damaged. The trial court awarded damages for the Appellant, but later reduced the damages by the amount over and above the original contract. Appellant appeals. Because the Appellant failed to present any evidence that Appellee breached the contract, we reverse and remand. |
Weakley | Court of Appeals | |
Edith Nell Allen Shaw v. Jerry Emerson Shaw
Mother and Father were divorced in 2006, and Father was ordered to pay child support for the parties’ adult disabled son. In 2010, the divorce court increased Father’s child support obligation for the adult disabled son. We vacate both orders to the extent that they required Father to pay child support for the adult disabled son because the divorce court did not have subject matter jurisdiction to order such support. We also remand this matter for such further proceedings as may be necessary. |
Madison | Court of Appeals | |
State of Tennessee ex rel. Jessica Elaine Dillard v. Jeremy Williamson Blanks
Mother of the parties’ three-year-old child appeals the trial court’s designation of Father as the primary residential parent. Mother, who was temporarily named the primary residential parent while the action was pending, contends the initial order by which she was appointed was not a temporary order, but a final order and, thus, res judicata applies. The trial court disagreed and entered a final order naming Father the primary residential parent of the parties’ minor child. We affirm. |
Dickson | Court of Appeals | |
Malone F. Pitts, et al. v. Villas of Frangista Owners' Association, Inc., et al.
The question presented is whether the trial court erred in dismissing this lawsuit based upon a pending lawsuit in another state. Because the out-of-state lawsuit is not an exercise of quasi in rem jurisdiction, we conclude that the trial court erred in applying the doctrine of prior suit pending. We, therefore, reverse the trial court’s decision. |
Williamson | Court of Appeals | |
Michael Lancaster v. Ferrell Paving, Inc., et al. v. Everest Indemnity Insurance Company
This appeal involves a dispute over whether the appellant was provided with coverage under an additional insured endorsement to an insurance policy. The trial court granted summary judgment to the insurer, finding no coverage. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Jess R. Ogg, Jr. v. Campbell County Board of Education
In this age discrimination and breach of contract case, Jess R. Ogg, Jr. (“Employee”) filed suit against his former employer, Campbell County Board of Education (“Employer”), alleging that Employer had violated the Tennessee Human Rights Act by terminating him because of his age and replacing him with a younger, less-qualified teacher. Employer argued that it had legitimate, non-discriminatory reasons for terminating Employee and hiring a suitable replacement. Following a bench trial, the court found that Employer had engaged in age discrimination and breached its contract and that Employee was entitled to recover his lost salary. Employer appeals. We affirm the decision of the trial court. |
Campbell | Court of Appeals | |
In Re: Brayden L. M.
Appellant filed a notice of appeal for a non-final judgment entered by the trial court. We therefore dismiss this appeal for lack of jurisdiction. |
Crockett | Court of Appeals | |
Ross H. Tarver, et al. v. Ocoee Land Holdings, LLC, et al.
Plaintiffs sued defendants on a sale of real estate contract wherein defendants agreed to purchase certain real estate located in Polk County from plaintiffs for a stated price. Defendants joined issue on the pleadings in the trial before the Trial Judge. The Trial Court held that the purchase and sales agreement was enforceable, and refused to find Ocoee Land Holdings, LLC liable for breach of the purchase and sales agreement, but held Glen Fetzner personally liable. Defendants and plaintiffs have appealed. On appeal, we hold that the purchase and sales agreement was an enforceable contract, but the Court erred when it held Glen Fetzner personally liable for the breach of the purchase and sales agreement, and the Trial Court also erred when it did not find Ocoee Land Holdings, LLC liable for the breach of the contract. We enter Judgment against Ocoee Land Holdings, LLC. |
Polk | Court of Appeals | |
Danielle Malmquist v. Shem Malmquist
This case involves post-divorce petitions for contempt and recusal. During the divorce, the trial judge issued an injunction preventing the parties from filing any actions against the other party without the judge’s prior approval. Appellee filed the present action for contempt against Appellant or violation of that injunction. Prior to the hearing on the contempt petition, Appellant filed a motion for the trial judge to recuse himself based on threats allegedly made by Appellant on the judge’s life. The trial judge denied the motion to disqualify and found Appellant in contempt. Appellant appeals. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
In Re: The Conservatorship of Paul Estil Lindsey
This is an action to establish a conservatorship. The trial court assigned one-half of Petitioner’s attorney’s fees and fees of the guardian ad litem to Respondent, although Respondent died before the matter was fully adjudicated and no fiduciary was appointed. We reverse. |
Shelby | Court of Appeals | |
Young Bok Song v. Kathryn Lehman and James C. Thornton
Plaintiff was involved in a previous lawsuit in North Carolina in which he sued several police officers. Plaintiff then instituted the present case against two North Carolina attorneys who represented the police officers in the North Carolina litigation. The trial court granted the attorneys’ motion to dismiss for lack of personal jurisdiction. It also denied Plaintiff’s request for the appointment of an attorney and an interpreter. We affirm. |
Johnson | Court of Appeals | |
Diana (Schutts) Gilbert v. Drew Edward Gilbert
In this divorce case, the husband appeals the trial court’s division and valuation of the marital estate. On appeal, the husband raises several issues and essentially argues that the trial court should have restored the parties to their respective premarital situations due to the short duration of the marriage. The wife also challenges the trial court’s division of the marital estate. After an extensive review of the record, we find no error in the trial court’s division and valuation of the marital estate in accordance with Tenn. Code Ann. § 36-4-121(a)(1). Therefore, we affirm. |
Knox | Court of Appeals | |
Paul Bottei v. GAyle E. Ray, Commissioner Tennessee Department of Correction et al.
Plaintiff sought access to a plethora of public records from several state prison officials. Access was granted, but the name(s) of the supplier(s) of the substances necessary to carry out lethal injection executions and the employees who procured those substances were redacted based on the defendants’ interpretation of Tenn. Code Ann. § 10-7-504(h)(1). Plaintiff filed suit under the Public Records Act and the trial court determined that the names were not to be redacted. Defendants filed a notice of appeal and sought a stay under Tenn. Code Ann. § 10-7-505(e), but the trial court ruled it did not have jurisdiction. Defendants moved this court for a stay, which this court granted. We affirm the trial court’s decision as to the redaction of the names but reverse the trial court’s decision as to its jurisdiction to provide the certification under Tenn. Code Ann. § 10-7-505(e). |
Davidson | Court of Appeals | |
Paul Koczera, et al. v. Christi Lenay Fields Steele, et al.
Plaintiffs' action was dismissed by the Trial Court by summary judgment. Plaintiffs then appealed to this Court and defendants filed a Motion to Dismiss on the grounds that the Judgment entered by the Trial Court was not a final judgment. Plaintiffs responded to that Motion, acknowledging that the final judgment had not been entered in the case below, but sought a stay of the appeal. We grant the Motion to Dismiss the appeal on the grounds that the Judgment below is not final and this Court lacks jurisdiction to entertain the merits of the appeal. |
Anderson | Court of Appeals | |
Mary Susan Rehrer v. Mark Elwyn Rehrer
In this case petitioner wife obtained an order of protection against her husband. The husband, following trial, filed a Motion to reopen the proof, pursuant to Tenn. R. Civ. P. 59, and attached numerous affidavits contradicting some of petitioner's evidence presented at trial. The Trial Court overruled the Motion and the husband has appealed. We affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals | |
Michael D. Williams v. George M. Little, et al.
Inmate filed a petition for writ of certiorari challenging his conviction of the prison disciplinary offense of conspiracy to violate state law. The chancery court considered the merits of the inmate’s petition and granted the defendants’ motion to dismiss. We affirm. |
Hickman | Court of Appeals | |
Tracey Chandler and Kelly Wilson v. Charleston Volunteer Fire Department
The trial court reformed a lease agreement, finding certain terms had been erroneously transposed. Appellants contend the reformation was error. We affirm. |
Tipton | Court of Appeals | |
Jeanette Rae Jackson v. Bradley Kent Smith
This is a grandparent visitation case. Following the death of her daughter (the minor child’s mother), the Appellant grandmother petitioned the trial court for visitation rights with her granddaughter pursuant to Tennessee Code Annotated Section 36-6-306. The trial court denied visitation based upon its finding that Appellant had not carried her burden to demonstrate a danger of substantial harm to the child. No appeal was taken from this order. Subsequently, the Legislature amended Tennessee Code Annotated Section 36-6-306 to create a rebuttable presumption of substantial harm based upon the cessation of the relationship between the child and grandparent. After the law was changed, Appellant filed a second petition for visitation with her granddaughter, citing the amended statute as grounds for re-visiting the issue of visitation. The trial court granted Appellee father’s Tennessee Rule of Civil Procedure 12.02 motion to dismiss the second petition on the ground of res judicata. We conclude that the doctrine of res judicata may apply even though there has been an intervening change in the substantive law. However, because the prior order, upon which the trial court based its res judicata finding, is not in the appellate record, this Court cannot review the question of whether the motion to dismiss was properly granted. Affirmed. |
McNairy | Court of Appeals | |
Misty Nanette Brooks v. Stephen Earl Brooks
This case involves the filing of three separate orders of protection that were requested by Misty Nanette Brooks (“Wife”) seeking protection from Stephen Earl Brooks (“Husband”). Based upon Wife’s initial petition, the trial court issued the first order of protection, which included a provision regarding the division of the mortgage payment for the marital home. Wife subsequently filed a motion to show cause as to why Husband should not be held in contempt for violating the protective order, and the trial court entered a second order of protection that also included the mortgage rovision. Wife subsequently filed two motions to show cause as to why Husband should not be held in contempt for violating the second protective order. The first motion related to Husband’s unwanted contact with Wife, while the second motion related to the mortgage payment. Following a hearing on the first motion, the trial court entered a third order of protection that did not include the mortgage provision. Following a hearing on the second motion, an order was entered by the trial court evidencing an agreement between the parties that Husband was to pay his portion of the mortgage payment. Wife then filed another motion to show cause as to why Husband should not be held in contempt for his failure to pay his portion of the mortgage, and a hearing was held on that motion. The trial court dismissed the motion, finding that the court lacked jurisdiction to enter the order directing Husband to pay his portion of the mortgage. Wife appeals. We affirm the decision of the trial court. |
Knox | Court of Appeals | |
In Re: London V.P.
The Juvenile Court terminated the parental rights of Andre T. (“Father”) to the minor child London V. P. (“the Child”) pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and § 36-1-113 (g)(6) (2010). Father appeals the termination of his parental rights to this Court. We find and hold that clear and convincing evidence existed to terminate Father’s parental rights pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and § 36-1-113 (g)(6), and that clear and convincing evidence existed that the termination was in the Child’s best interest. We, therefore, affirm the Juvenile Court’s January 3, 2011 order terminating Father’s parental rights to the Child. |
Washington | Court of Appeals | |
Bobby Murray, et al. v. Dennis Miracle, et al.
The plaintiffs, Bobby Murray and Loretta Murray (“the Murrays”), asserted a complaint against the defendants, Dennis Miracle and Robert Daniel Smith, for denying them access to a road and interfering with their use and enjoyment of their property. After several hearings, the trial court concluded that the Murrays were not following the court’s orders and dismissed their claims against both Mr. Miracle and Mr. Smith without prejudice. The Murrays appeal. We reverse. |
Roane | Court of Appeals | |
James Eldridge v. Katie Hundley
Father filed a petition to modify the juvenile court’s order naming Mother primary residential parent and establishing a visitation schedule. The trial court modified the visitation schedule, but did not establish visitation as requested by Father. Father appeals. We affirm. |
Shelby | Court of Appeals | |
Boyd L. Hughes et al v. Curtis E. Hughes, Executor Of The Estate Of Lucille C. Luttrell
This is a will contest case in which the plaintiffs attempt to invalidate the will of Lucille C. Luttrell due to her supposed lack of testamentary capacity. The executor of Ms.Luttrell’s estate filed two motions for summary judgment. The first one was denied; the second one was granted. The court ultimately held that the affidavits of medical doctors who evaluated the testator’s mental faculties approximately six months before she signed her will do not create a genuine issue of fact regarding her testamentary capacity at the time she signed the will. The plaintiffs appeal. We vacate the order granting summary judgment and remand for further proceedings. |
Hamilton | Court of Appeals | |
O'Rane M. Cornish, Sr. v. The City of Memphis, et al.
Petitioner filed a complaint for declaratory judgment seeking a declaration that the city council’s decision one year earlier to grant a special use permit was arbitrary and capricious. The trial court dismissed the complaint upon concluding that the petitioner should have challenged the decision by filing a petition for writ of certiorari within sixty days. We affirm. |
Shelby | Court of Appeals | |
Daniel H. Jones v. Mark Gwyn, Director, et al.
Daniel H. Jones (“Jones”) filed a petition for writ of mandamus against Mark Gwyn and Avis Stone (“Respondents”), Director and Coordinator, respectively, of the Tennessee Bureau of Investigation (“TBI”), in the Circuit Court for Sullivan County (“the Trial Court”).1 Jones sought to have the Trial Court direct Respondents to act on an earlier order by the Criminal Court for Sullivan County at Blountville, Tennessee (“the Criminal Court”) to expunge all public records related to a dismissed rape charge against Jones. Respondents moved to dismiss. The Trial Court granted Respondents’ motion to dismiss on the basis of improper venue. Jones appeals. We find that the Trial Court did not err in dismissing Jones’s petition. We affirm the judgment of the Trial Court. |
Sullivan | Court of Appeals |
