In Re: Caleb J.B.W.
This appeal involves the termination of a mother's parental rights to her son. Following a bench trial, the trial court determined that the mother knowingly failed to protect her child by not immediately seeking medical care and by not immediately reporting her child's injuries to medical providers or the authorities. Therefore, the trial court terminated the mother's parental rights. We affirm. |
Bradley | Court of Appeals | |
Angela Brandenburg et al vs. James Steven Hayes et al
Plaintiff filed a complaint against Defendant Husband and Wife seeking injunctive relief. Wife filed a counterclaim and cross-claim against Plaintiff and Husband alleging fraudulent conveyance, conversion, and misappropriation of assets. After a bench trial, the trial court found that Plaintiff and Husband devised a scheme to cloud the ownership of the business jointly owned by Husband and Wife and to hide assets from Wife during an impending divorce. The trial court awarded damages totaling $175,000 to Wife. Plaintiff appeals. We affirm. |
Sevier | Court of Appeals | |
Michael Cary Murphy v. Tennessee Department of Revenue
The chancery court upheld the administrative decision based on Tenn. Code Ann. _ 55-4-226(f) (2004); however, the statute was amended in a material way in 2009, during the pendency of this case, which was not brought to the attention of the court. The Department has acknowledged in this appeal that the current statute provides that a former "appointed" municipal court judge, such as Appellant, may obtain a judicial license plate. We have determined the 2009 amendment to Tenn. Code Ann. _ 55-4-226(f) provides the relief Appellant is seeking; therefore, the issues on appeal are moot. Accordingly, this appeal is dismissed for mootness. |
Davidson | Court of Appeals | |
Glenda Hampton v. Northwest Tennessee Human Resource Agency
This is a personal injury case. The Appellant/Defendant's employee backed a van into a vehicle which the Appellee/Plaintiff was driving. Until the accident, the Plaintiff had not had any problems with her right shoulder. The morning after the accident the Plaintiff had pain and soreness in her shoulder. She was treated by three different orthopedic surgeons and ultimately had arthroscopic right shoulder surgery. The parties stipulated to liability. However, the Defendant disputed causation. A bench trial was held and the trial court found that the accident caused the Plaintiff's shoulder injury which necessitated the shoulder surgery. Defendant appealed from the trial court's judgment. We affirm. |
Carroll | Court of Appeals | |
Glenda Hampton v. Northwest Tennessee Human Resource Agency
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Carroll | Court of Appeals | |
Gladys Davis v. Nissan North America, Inc.
Gladys Davis ("Plaintiff") filed this retaliatory discharge case against her former employer, Nissan North America, Inc. ("Defendant"). Plaintiff claims Defendant retaliated against her for filing several workers' compensation claims. Prior to Plaintiff's discharge, she underwent a comprehensive medical examination and, based on this examination, two physicians who are board certified in occupational and preventive medicine opined that there was a high risk of re-injury should Plaintiff be returned to work. Relying on the medical opinions of these two physicians, Defendant filed a motion for summary judgment. The Trial Court concluded, among other things, that Defendant had negated an essential element of Plaintiff's claim and Defendant, therefore, was entitled to summary judgment as a matter of law. Plaintiff appeals, and we affirm. |
Rutherford | Court of Appeals | |
In Re Drake L.
Mother appeals the trial court's change of custody of the parties' minor child to Father. Father appeals the trial court's determination of Mother's child support obligation and its failure to award him a judgment for child support retroactive to the date he was awarded temporary custody. Both parties contest the trial court's findings of contempt. We affirm the trial court's change of custody to Father. We reverse its finding of contempt as to Mother and the denial of retroactive child support for Father. We remand the matter to the court for a determination of Mother's child support obligation. |
Dickson | Court of Appeals | |
John Doe v. Robert E. Cooper, Jr., as Attorney General for State of Tennessee
This is a declaratory judgment action in which Petitioner challenges as unconstitutional the retroactive application of the Tennessee Sexual Offender Registration, Verification, and Tracking Act of 2004. Petitioner was convicted of five counts of indecent exposure in 2001when the Sexual Offender Registration and Monitoring Act of 1994 was in effect. The 1994 Act did not classify indecent exposure as a "sexual offense." Three years after his convictions, the Tennessee Sexual Offender Registration, Verification, and Tracking Act of 2004 became law. Unlike the prior Act, the Act of 2004 classified persons convicted of "at least 3 indecent exposure offenses" as "sexual offenders," it required all persons classified as "sexual offenders" to register with the sex offender registry, and it prohibited sexual offenders whose victims were minors from working or residing within 1,000 feet of a school, child care facility, or public park. The trial court made the determination the 2004 Act was part of a non-punitive regulatory framework that did not constitute punishment and the retroactive application of the 2004 Act to Petitioner was not unconstitutional. Petitioner established standing to challenge the classification, registration and employment restraint provisions of the Act of 2004 as applied to him, and we have determined that the 2004 Act, as applied to Petitioner, is not unconstitutional. Accordingly, we affirm the trial court. |
Davidson | Court of Appeals | |
April Michelle Brady v. Colin Ashley Brady
Father appeals trial court finding of substantial and material change in circumstances and resulting modification of parenting plan. Finding no error, we affirm the judgment. |
Maury | Court of Appeals | |
Jennifer Bivins, et al. v. City of Murfreesboro
Brandon Bivins died in an automobile accident on South Rutherford Boulevard in Murfreesboro. His mother sued the city, claiming that the road was unsafe or dangerous and that the city had notice of the condition of the road. The trial court held that the city did not have notice of an unsafe or dangerous condition at the spot of the accident. Because the city had notice of prior accidents along that segment of the road and had a consultant's report stating that the road did not meet design guidelines, we reverse the trial court and remand for a determination of whether the road was unsafe or dangerous. |
Rutherford | Court of Appeals | |
Cheryl Lingenfelter King v. Monte Joe King
In this post-divorce custody dispute, father asserts that the trial court erred in denying his petition to change custody and in granting mother's petition to relocate. We have concluded that the evidence does not preponderate against the findings of the trial court, and we affirm the decision of the trial court. |
Williamson | Court of Appeals | |
TECO Barge Line, Inc., n/k/a U.S. United Barge Line, LLC v. Justin P. Wilson, Tennessee Comptroller of the Treasury, et al.
Tennessee Board of Equalization - Taxpayer, an interstate water transportation carrier company operating boats and barges over various waterways including the Mississippi and Tennessee Rivers, was assessed an ad valorem tax on personal property for the tax year 2005. Taxpayer appealed the assessment to the State Board of Equalization. Following the filing of Taxpayer's appeal, Taxpayer was retroactively assessed for the two tax years immediately preceding the original assessment, 2003 and 2004. Taxpayer appealed these assessments as well as assessments in subsequent tax years 2006, 2007 and 2008. A hearing was held before an Administrative Law Judge, who upheld both the regular as well as the retroactive assessments. Taxpayer appealed to the State Board of Equalization Assessment Appeals Commission and, following a hearing, the Commission affirmed the ALJ's decision. Taxpayer appeals; we affirm in part and reverse in part. |
Wilson | Court of Appeals | |
Shirley Ann Atkinson, Administrator of the Estate of Robert Lee Pattee, Jr., Deceased v. State of Tennessee
Tennessee Claims Commission - This is an appeal from the Tennessee Claims Commission. The claimant/appellant alleged that state employees or their agents negligently caused the death of her fianc_, who committed suicide while incarcerated at the Lois M. DeBerry Special Needs Facility in Nashville, Tennessee. The Commission determined the claimant was not entitled to recover because she failed to produce expert testimony to establish the standards of care by which to judge the conduct of the prison officials and mental health professionals allegedly responsible for the care, custody, and control of the deceased. Because the Commission correctly determined that the claimant is unable to prove a breach of duty without expert evidence to establish the applicable standards of care, we affirm. |
Davidson | Court of Appeals | |
Betts Nixon v. City of Murfreesboro
City employee brought suit to challenge her dismissal for violation of the city's drug and alcohol policy. The trial court affirmed the decision of the city's disciplinary review board. The employee argues that the decision of the disciplinary review board should be reviewed de novo, that the city is estopped by its actions from relying on the blood alcohol test results and from terminating her employment, that she was denied due process by the actions of the city manager and the disciplinary review board, that the city abused its discretion, and that the city's decision is not supported by substantial and material evidence. We have concluded, as did the trial court, that the decision of the disciplinary review board is properly reviewable under the standards set forth in the Uniform Administrative Procedures Act. Under those standards, we affirm the trial court's decision. |
Rutherford | Court of Appeals | |
Dickson Housing Authority v. Ida Pearl Grimes, et al.
The circuit court entered judgment in favor of Plaintiff Dickson Housing Authority in this eviction action. Finding the trial court admitted no evidence which would support the Housing Authority's allegations of amounts earned by Defendant tenant, we reverse. |
Dickson | Court of Appeals | |
William J. Bradley v. Christy L. Bradley
We affirm the trial court's finding that Mother is underemployed and remand the matter to the trial court for a calculation of imputed income. We also vacate the trial court's calculation and division of medical bills and remand the matter for reexamination, recalculation and redivison. The trial court's decision regarding Child's health insurance coverage is affirmed. |
Robertson | Court of Appeals | |
Rufus R. Clifford, III and wife Carrie C. Clifford v. Layda Tacogue, M.D., St. Thomas Hospital, and St. Jude Medical, S.C., Inc.
The trial court granted summary judgment to the defendants on all claims, holding that plaintiffs failed to establish that the use of the medical device to close the site where the catheter was inserted was the cause of husband's injury. Finding that the defendants negated the element of causation essential to each cause of action, the trial court's judgment is affirmed. |
Davidson | Court of Appeals | |
Lisa P. Gray v. Odell Watkins, Jr.
The State of Tennessee filed a petition for child support on behalf of the child's mother. The respondent acknowledged his obligation to pay such support, and the juvenile court referee established his current and retroactive child support obligation. The respondent filed a request for rehearing before the juvenile court judge, which was dismissed for failure to prosecute. He appealed to this Court but failed to provide a transcript or statement of the evidence. Finding no error in the limited record before us, we affirm. |
Shelby | Court of Appeals | |
Wilson County Board of Education v. Wilson County Education Association and Bill Repsher
A teacher and the teachers' representative organization appeal the trial court's declaration that the local school board was not required to submit to arbitration as the last step in a grievance procedure set out in a locally negotiated agreement. We affirm the trial court based upon our conclusion that no enforceable agreement to arbitrate exists. |
Wilson | Court of Appeals | |
George Brady v. Tennessee Department of Corrections
In 1977, the appellant was found guilty of armed robbery and the murder of four individuals. He was sentenced in state court to four consecutive ninety-nine year terms for the murders, and was subsequently sentenced in federal court to ninety-nine years for the bank robbery. He served thirty years in federal prison and was turned over to state authorities in 2007 to begin serving his state sentences. He sought a declaratory judgment that the state sentences were to run concurrently with the federal sentence and that, as a consequence of serving his federal sentence, he was immediately eligible for parole consideration on the state court sentences. The trial court found that the state court sentences ran consecutively to the federal sentence and granted the appellee's motion for summary judgment. Finding no error, the trial court's judgment is affirmed. |
Davidson | Court of Appeals | |
Franklin County Board of Education v. Lisa Crabtree and Franklin County Education Association
This appeal arises from a declaratory judgment action. The trial court determined that Defendant teacher's grievance against the Franklin County Board of Education was not subject to arbitration under the collective bargaining agreement between the Board and the Franklin County Education Association. The trial court also dismissed Defendant teacher's counterclaim under Tennessee Code Annotated _ 49-5-510. We affirm. |
Franklin | Court of Appeals | |
Harold Lee Harden v. Judy Kay Harden
This is a divorce action. Husband/Appellant appeals from the trial court's division of marital assets, award of attorneys fees to the Wife, and the stay of the proceedings during the pendency of the appeal. Affirmed as modified. |
Wilson | Court of Appeals | |
Joann Butler, et al. v. Marion County, Tennessee
Landowners filed suit to determine ownership of that portion of Ann Wilson Road that crosses their property. Defendants sought and were granted summary judgment based on the running of several statutes of limitations. Landowners appealed. We affirm. |
Marion | Court of Appeals | |
Tonya L. Gerakios v. Michael T. Gerakios, Jr.
This is an appeal from a final decree of divorce. The trial court granted the wife a divorce, equitably divided the parties' property, and awarded the wife alimony in solido. We affirm. |
Davidson | Court of Appeals | |
Blackburn & McCune, PLLC v. Pre-Paid Legal Services, Inc. and Pre-Paid Legal Services of Tennessee, Inc.
This appeal involves legal insurance. The defendants have sold legal insurance for many years. The plaintiff law firm provided legal services to policyholders pursuant to the defendants' legal insurance policies. After Tennessee began to regulate legal insurance, the defendants were required to obtain State approval of their insurance rates and plans. The defendants submitted plans to the State. The plans included proposed rates and anticipated claims expenses, consisting primarily of the fees paid to the plaintiff law firm. The State informed the defendants that the initial filings did not reflect a sufficient loss ratio, that is, ratio of expenses to premium rates. The defendants revised the State filings to reflect an increase in the compensation paid to the plaintiff law firm. At the same time, the defendants presented the plaintiff law firm with a contract that required the plaintiff to pay the defendants for certain administrative services. The amount to be paid to the defendants essentially equaled the amount by which the defendants increased the plaintiff's compensation rate. Years later, the plaintiff discovered facts that caused it to conclude that the contract was a subterfuge to allow the defendants to recoup the increased compensation to the law firm while appearing to comply with the State's loss ratio requirement. The plaintiff informed the State of these facts and of its suspicion that the purpose of the arrangement was to circumvent the loss ratio requirement. After receiving this information, the State took no adverse action against the defendants. The plaintiff then filed this lawsuit seeking restitution, asserting that the contract with the defendants was fraudulently induced and that it was void and unenforceable as against public policy. The plaintiff also asserted a claim under the filed rate doctrine, seeking to recover the difference between the pay rate that the defendants filed with the State and the rates actually paid to the plaintiff. The trial court granted summary judgment in favor of the defendants on all of the plaintiff's claims. The plaintiff now appeals. We reverse the grant of summary judgment as to the claims of fraudulent inducement and violation of public policy, finding that genuine issues of material fact exist as to those claims. We affirm the trial court's decision on all remaining claims. |
Davidson | Court of Appeals |
