Jacqueline Elaine Green v. Paul Roberts
This is a premises liability case. Plaintiff/Appellant sustained injuries after she tripped over a steel post that was protruding just above the surface of a parking lot that is owned by the Defendant/Appellee. The trial court granted summary judgment in favor of Appellee, finding that the Appellee owed no duty to the Appellant, and that Appellant was at least 50% at fault for her own injury, thus negating her negligence claim. Discerning no error, we affirm. |
Van Buren | Court of Appeals | |
Damon Gorbet v. Tiffany Gorbet
This is a divorce case. Prior to the parties’ marriage, the wife lived in Arkansas and the husband lived in Tennessee. When the parties married, the wife quit her job in Arkansas and the parties moved into a house in Tennessee. They separated after just seven months of marriage, and the husband filed this complaint for divorce. After a two-day trial, the trial court declared the parties divorced and equitably divided the parties’ marital property. The trial court awarded the wife transitional alimony, attorney fees as alimony in solido, and moving expenses for the wife to return to Arkansas. The husband now appeals. Discerning no error, we affirm. |
Madison | Court of Appeals | |
Sandi D. Jackson v. Tennessee Board of Nursing
The Tennessee Department of Health filed civil charges against Nurse Jackson alleging that she had inappropriately prescribed medications for her daughter. Before a hearing on the merits was held, however, the Department filed a Notice of Nonsuit without prejudice. After an Order of Voluntary Dismissal was entered, Nurse Jackson filed a Petition in the chancery court seeking dismissal of the case against her with prejudice, as well as her attorney fees expended, claiming that the Board of Nursing had subjected her to an unwarranted investigation and prosecution which was “not well grounded in fact and was not warranted by existing law, rule or regulation[.]” She did not, however, seek a consideration of the merits of the charges against her. The chancery court dismissed Nurse Jackson’s Petition. We find that the chancery court lacked subject matter jurisdiction to consider her Petition; therefore, the judgment of the chancery court is vacated and the case is dismissed. |
Davidson | Court of Appeals | |
Amanda Jane (Fillers) Crum v. Arvin Dwayne Fillers
In this post-divorce case, Mother sought to modify the existing custody arrangement relating to the Children that she shared with Father. At the time of divorce, the parties agreed to equal co-parenting time but designated Mother as the primary residential parent. Mother filed a petition to modify the parenting plan, alleging that a material change in circumstances had occurred. Father objected. The trial court held that there had been a material change of circumstances and that it was in the best interest of the Children to modify the parenting plan as Mother requested. Father appeals the court’s modification decision. We affirm the decision of the trial court. |
Greene | Court of Appeals | |
Kimberly Custis v. Metropolitan Nashville Police Department
This case involves a claim for attorney’s fees and costs under the Public Records Act. The |
Davidson | Court of Appeals | |
Eric Holley, Individually and on behalf of Susie Holley, Deceased v. Melrose Blackett, M.D.
This appeal involves an attempt to substitute parties after the original plaintiff in this wrongful death case died. The trial court struck the motion to substitute parties and dismissed the case. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Erik Hood v. Casey Jenkins, et al.
This appeal involves a claim for breach of a life insurance contract issued by Old Line. Father named his son, a minor, as the beneficiary of his life insurance policy. When Father died, the proceeds of the policy were issued to minor’s older sister, who depleted the funds. Beneficiary filed suit against Sister and Old Line, alleging that Sister misappropriated the life insurance proceeds and that Old Line erroneously awarded the proceeds to Sister without proper documentation. A default judgment was entered against Sister. Following a trial on Beneficiary’s claim against Old Line, the court ordered Old Line to re-issue a portion of the proceeds to Beneficiary. Old Line appeals. We affirm the decision of the trial court. |
Grainger | Court of Appeals | |
State of Tennessee, ex rel., Tonia M. Bernard v. Robert E. Smith
Appellant/Father appeals the trial court's finding that he was in criminal contempt for failure to pay child support. Upon review of the record, we reverse and dismiss the criminal contempt charges. |
Dyer | Court of Appeals | |
Sara Eigen Figal v. Vanderbilt University
This appeal arises out of an action for breach of contract and misrepresentation brought by a former university faculty member who was denied tenure. The faculty member has appealed from the trial court’s dismissal of her lawsuit and subsequent denial of her Tenn. R. Civ. P. 59 motion to alter or amend. We hold that the order denying the Tenn. R. Civ. P. 59 motion complied with the service requirements of Tenn. R. Civ. P. 58, and thus entry of the order was effective on May 29, 2012. Because the faculty member did not file her notice of appeal within thirty days after the entry of that order as required by Tenn. R. App. P. 4, we dismiss the appeal. |
Davidson | Court of Appeals | |
Brian Lee Hill v. Kimberly Dawn Hill
In this divorce appeal, Husband disagrees with the trial court’s decision regarding a residence he purchased during the pendency of the divorce and with the calculation of his child support obligation. We find merit in Husband’s arguments, vacate the relevant portions of the divorce decree, and remand. |
Montgomery | Court of Appeals | |
Stephen G. Butler v. Michele G. Butler
The parents of a three year old girl were divorced by order of a Georgia court, and their settlement agreement was incorporated into the divorce degree. The parties subsequently moved to this state, and after several years Father petitioned the Tennessee court to name him as the child’s primary residential parent. He also asked the court to modify his child support. After a hearing, the trial court declared that Mother would remain the child’s primary residential parent, and it granted Father additional visitation. The court also found that Father was not entitled by law to a reduction in his child support obligation, but it adopted Mother’s proposal that the obligation be reduced by about one fourth. On appeal, Father contends that the trial court erred by failing to apply the Tennessee child support guidelines to determine his support obligation. We vacate the child support order and remand for setting Father’s support using the Child Support Guidelines. Despite concerns expressed by Father, we find the trial court had subject matter jurisdiction. |
Montgomery | Court of Appeals | |
In Re: Conservatorship of Leah Angelique Thomas - Cathey J. Tillman, Conservator v. Ronald Marvell Thomas
The probate court appointed a conservator for a disabled young adult. The court awarded attorney’s fees to the petitioner who was appointed as conservator, and to the guardian ad litem, to be paid from the estate of the disabled ward. The court also ordered that another party, who originally sought to be appointed as conservator but withdrew his petition before the hearing, would likewise receive an award of attorney’s fees to be paid from the estate of the ward. The conservator appeals, arguing that the probate court lacked the authority to make such an award to the party who withdrew his petition. We agree, and therefore, we reverse the award of attorney’s fees and remand for further proceedings. |
Shelby | Court of Appeals | |
Charles Robert Braun, Jr. v. Nita Lynn Braun
This is a post-divorce appeal. Stepfather assumed a parental role over Mother’s child from a previous relationship even though only one child was born of the relationship between the Parties. Following an agreed divorce, the court ordered Stepfather to submit child support for both children. The court reasoned that as a result of Stepfather’s participation in a petition to terminate the biological father’s parental rights to Mother’s child, the Child lost any right to support from his biological father. Stepfather appeals. We reverse the decision of the trial court but remand the case for proceedings consistent with this opinion. |
Roane | Court of Appeals | |
Charles Robert Braun, Jr. v. Nita Lynn Braun - Concurring
I do not disagree with the majority opinion’s decision to remand this case to the trial court so it can consider whether an upward deviation in the child support for Titus Braun is appropriate. I write separately to point out that the majority opinion should not be read as carte blanche to transfer automatically – and without legal justification for doing so – the difference between (a) the support previously ordered for two children and (b) that which would have been ordered for one child, as the amount of an upward deviation in the support for Titus. A court cannot do indirectly what it cannot legally do directly. See, e.g., Kimberly-Clark Corp. v. Cont’l Cas. Co., No. 3:05-CV-0475, 2006 WL 3436064 at *2 (N.D. Tex., Nov. 29, 2006). |
Roane | Court of Appeals | |
Summer Bay Management, L.C., et al., v. Gatlinburg Town Square Members' Association, Inc., et al.
This Court issued a Show Cause Order setting forth that the Notice of Appeal filed in this case is not "a final judgment adjudicating all the claims, rights and liabilities of the parties"of which "an appeal of right would lie." |
Sevier | Court of Appeals | |
Dale England, et al. v. Robert England, et al.
This case is a property dispute between two brothers regarding the width of a right-of-way that affects both their properties. The plaintiff claims the right-of-way is eight feet wide and the defendant should be prevented from expanding the gravel road that runs along the right-of-way to 25 feet because the expansion would require the plaintiff to remove fences, septic tanks, and other permanent structures. The trial court ruled that the right-of-way created by the brothers’ father was intended to be 25 feet wide. The plaintiff appeals. We affirm. |
Union | Court of Appeals | |
Merlina Elijah (Williams) Draper v. Ryan Ashley Williams
This case involves the modification of a parenting plan. The trial court modified the parenting plan upon its finding that a material change in circumstances had occurred such that primary residential custody with Mother was no longer in the child's best interest. On appeal, Mother argues that the trial court erred in granting primary residential custody to Father, and Father argues that the trial court erred in denying his request for attorney’s fees. Discerning no error, we affirm. |
Sumner | Court of Appeals | |
Kathryn A. Duke v. Harold W. Duke, III
The father in this post-divorce action has filed a petition for recusal appeal seeking an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of his August 13, 2012, motion for recusal. We have reviewed the petition pursuant to the de novo standard of review as required by Tennessee Supreme Court Rule 10B § 2.06, and we affirm the trial court’s decision to deny the motion for recusal. |
Williamson | Court of Appeals | |
Kathryn A. Duke v. Harold W. Duke, III - Concur/Dissent
I agree with the majority’s affirmance of the trial court’s denial of Father’s recusal motion. However, I would have held that the grounds previously raised by Father two years earlier were not subject to our review under Tenn. Sup. Ct. R. 10B and, therefore, would have dismissed that part of the appeal. I would affirm denial as to the new grounds upon the reasoning set out in the majority opinion. |
Williamson | Court of Appeals | |
Mitzi Bayne Ruth, executrix of the Estate of Fred W. Bayne, et al., v. Home Health Care Of Middle Tennessee, LLC, et al.
This action was appealed before to this Court and this appeal follows our remand back to the Trial Court for determination of the ambiguous terms found in the contract between the parties. Upon remand, the Trial Court conducted an evidentiary hearing and made a finding as to what the parties intended as to the terms of the contract previously found ambiguous. On appeal, we affirm the Judgment of the Trial Court's determination of what the document provided and determined the rights of the parties, and remand. |
Bradley | Court of Appeals | |
Earl Thomas Burgess v. Ford Motor Company
A management employee working for Ford Motor Company was to become an employee of Ford’s wholly owned subsidiary when the subsidiary was made an independent company. The manager wanted to remain employed by Ford and sought to transfer back to an hourly position before the spinoff took effect. The manager’s supervisor promised the manager his benefits and pay would not change as an employee of the subsidiary and that he could return to an hourly position with Ford after the spinoff until such time that the subsidiary was purchased by a third party. The subsidiary was purchased by a third party five years later, but Ford did not permit the employee to transfer back to Ford at that point. After the employee asked to transfer back to Ford, Ford offered its hourly employees a special retirement plan whereby they were offered lifetime health and pension benefits. The employee would have been eligible to participate in this plan if he had been allowed to transfer back to Ford. The employee filed suit against Ford, claiming promissory estoppel and seeking damages based on the amount he would have received under the special retirement plan. A jury found Ford liable for promissory estoppel and awarded the employee damages. Ford appealed, arguing (1) the employee’s claim was preempted by the Labor Management Relations Act and (2) the employee failed to prove all the elements of promissory estoppel. We affirm the trial court’s judgment. |
Davidson | Court of Appeals | |
Susan Daniel v. Brittany Smith
In this negligence case, the jury returned a verdict in the amount of the plaintiff’s medical |
Coffee | Court of Appeals | |
Metropolitan Government of Nashville and Davidson County, Tennessee v. James E. Brown
Defendant in suit to recover property taxes appeals from the trial court’s grant of summary |
Davidson | Court of Appeals | |
W. Stanford Blalock v. Preston Law Group, P.C., et al.
A plastic surgeon entered into a five year lease on office space, and defaulted on the lease after the first month. The landlord’s attorney filed separate lawsuits in general sessions court for breach of the lease contracts against the lessee, who had personally guaranteed the lease, and against the lessee’s personal corporation. The landlord obtained duplicate judgments for unpaid rent as well as for attorney fees. The general sessions judge informed the landlord that he was only entitled to collect one judgment. The lessee appealed to the circuit court, but paid the general sessions judgment in full while the circuit court action was still pending. The landlord’s attorney then filed a “partial satisfaction of judgment” and another complaint for attorney fees in general sessions court, followed by another complaint in circuit court, alleging that additional rents had accrued while the litigation continued. The lessee responded by filing a complaint for abuse of process against the landlord’s attorney, alleging that the attorney filed meritless complaints in order to drive up the fees he could collect. The landlord’s attorney filed a motion for summary judgment on the ground that the statute of limitations for abuse of process had passed, and that in any case no abuse of process could be shown. The trial court granted the motion. We affirm. |
Davidson | Court of Appeals | |
In Re Daysia D. et al.
Mother appeals the trial court’s termination of her parental rights. She asserts the trial court |
Humphreys | Court of Appeals |
