Chris Eric Strickland v. Pennye Danielle Strickland
Divorce action in which Mother raises numerous issues, including the designation of Father as the primary residential parent, the parenting plan in which Mother’s parenting time was limited to 120 days a year, child support, and the classification and division of marital property. Mother also challenges the trial court’s decisions to admit the testimony of two witnesses and to exclude the testimony of two other witnesses. We have concluded that the trial court erred in excluding two of Mother’s expert witnesses and in admitting testimony regarding child abuse allegations that should have been excluded based upon Tennessee Code Annotated § 37-1-409. Having considered the record, including the testimony of Mother’s two experts and excluding the testimony that must be excluded pursuant to Tennessee Code Annotated § 37-1-409, we find the evidence does not preponderate against the trial court’s designation of Father as the Primary residential parent; however, the evidence does preponderate against the parenting schedule which greatly limits Mother’s parenting time. We affirm the trial court’s classification and division of the marital estate in all respects. Because we have concluded that the evidence preponderates against the parenting schedule, we remand this issue to the trial court to adopt a parenting schedule that affords Mother additional parenting time, although not equal parenting time, and to modify the child support award to comport with Mother’s income and the new parenting schedule. |
Putnam | Court of Appeals | |
Carolyn Whitesell v. Kaylene Miller and Patricia Moore
The appeal concerns a dispute over personal property. The appellant landlord refused to permit the appellee tenant to renew her lease, and the tenant was forced to leave the premises. Several items of personal property belonging to the tenant were apparently left behind. The tenant sued the landlord for reimbursement for the value of the property. After a bench trial, the trial court ordered the landlord to reimburse the tenant. The landlord now appeals. As the appellate record contains neither a transcript of the proceedings nor a statement of evidence, we affirm. |
Coffee | Court of Appeals | |
Athena H. Melfi v. Joseph Thomas Melfi
The parties to this action were divorced by Decree on December 15, 2009. The former husband filed a Motion asking the Court to reopen the case on June 28, 2011. The Motion was styled as a Rule 59 and/or 60 Motion, Tenn. R. Civ. P. At a hearing before the Trial Court, the Trial Judge dismissed the Motions on the grounds that the Court no longer had jurisdiction to entertain these Motions. On appeal, we affirm. |
Williamson | Court of Appeals | |
Latony Baugh, et al. v. United Parcel Service, Inc., et al.
Shortly after the mother of four children was killed in an accident, her husband instituted an action to recover damages for her death; the father of the children moved to intervene in the action and for the court to hold a hearing on whether the husband had abandoned the mother, thereby waiving his right as surviving spouse to participate in the wrongful death action. The trial court did not hold a hearing; rather, it held that the husband was the proper party to pursue the action, allowed the Guardian of the children to represent the interest of the children in the action, and dismissed Father’s petition. The surviving spouse, Guardian and tortfeasor subsequently petitioned the court for approval of a settlement of the wrongful death claim; the court granted the petition. Father appeals, contending that the court erred in failing to hold a hearing on the issue of whether the husband was estranged from the mother, in approving the settlement, and in placing the settlement documents under seal. We remand the case for a hearing on whether the husband waived his right as surviving spouse to participate in the wrongful death action and reverse the court’s placement of the settlement documents under seal; in all other respects the judgment of the trial court is affirmed. |
Davidson | Court of Appeals | |
Gatlinburg Roadhouse Investors, LLC., v. Charlynn Maxwell Porter, et al.
In this action plaintiff charged defendant had breached the contract between them and sought specific performance. The Trial Court held the contracts were ambiguous and construed them in accordance with the actions the parties took in regard to the contracts. The Trial Court ruled in favor of the defendant and dismissed the Complaint, but refused to award the prevailing party attorney's fees as was required in the parties' contract. On appeal, we affirm the Trial Court's Judgment, but modify and remand, with instructions to the Trial Court to award the prevailing party her attorney's fees. |
Sevier | Court of Appeals | |
Theresa A. Kerby v. Melinda J. Haws, MD, et al.
A woman who suffered a series of persistent infections after surgery filed a malpractice complaint against the defendant surgeon. Her complaint alleged that the infections were cause by a small metal object that the defendant had negligently left in her body during the surgery. The plaintiff attached to her complaint the statutorily required certificate of good faith, which certified that she had consulted with an expert, who provided a signed statement confirming that he believed, on the basis of the medical records, that there was a good faith basis to maintain the action. See Tenn. Code Ann. § 29-26-122. After the object was discovered to be a surgical clip of a type that was designed to be retained by the patient’s body, the defendant filed a motion for summary judgment, which the plaintiff did not oppose. The defendant surgeon subsequently filed a motion for sanctions against the plaintiff under Tenn. Code Ann. § 29-26-122 (d)(3), which gives the court the authority to punish violations related to the certificate of good faith. The trial court granted the motion, and awarded the defendant doctor over $22,000 in attorney fees. We reverse. |
Davidson | Court of Appeals | |
Sandy Womack, et al. v. Corrections Corporation of America d/b/a Whiteville Correction Facility
This appeal involves the transfer of a state prisoner’s action based on improper venue. The prisoner was housed in a correctional facility located in Hardeman County, Tennessee. The correctional facility is operated by a private entity. Pursuant to Tennessee Code Annotated section 41-21-803,the Circuit Court of Davidson County transferred this action to Hardeman County, where the correctional facility is located. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
In Re: Isaiah L.A.
This appeal concerns a termination of parental rights. The appellees filed a petition for adoption and termination of parental rights with respect to the minor child at issue. The trial court, upon finding clear and convincing evidence of several grounds on which to base termination and concluding that termination was in the child’s best interest, revoked the biological father’s parental rights to the child. The father appeals. We affirm. |
Knox | Court of Appeals | |
In Re: Estate of Lee Augustus Grimmig
Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
Antonio J. Bullard v. Turney Center Disciplinary Board, Derrick D. Schofield, Bruce Westbrooks, Jack Middleton, and Josh Paschall
This appeal involves an inmate’s petition for common law writ of certiorari. The petitioner inmate was convicted of disciplinary offenses by the respondent prison disciplinary board. The inmate filed a petition for common law writ of certiorari, seeking judicial review of the convictions for the disciplinary offenses. The trial court found that the inmate’s petition was not timely filed, and therefore that the chancery court lacked subject matter jurisdiction to hear the petition. We affirm. |
Hickman | Court of Appeals | |
Robert Thomas Edmunds v. Delta Partners, L.L.C. et al.
Appellant corporation appeals the trial court’s rulings finding it liable for breach of contract damages, prejudgment interest, and damages pursuant to the Fair Labor Standards Act. Additionally, the corporation’s president appeals the trial court’s action in piercing the corporate veil to hold him personally liable for the contract damages. We reverse the trial court’s finding with regard to veil piercing, but affirm the trial court in all other respects. |
Robertson | Court of Appeals | |
Robert Thomas Edmunds v. Delta Partners, L.L.C., et al. - CONCUR
I agree fully with the majority’s analysis in this case. I concur separately only to add a comment as to the portion of the opinion on the Fair Labor Standards Act. |
Robertson | Court of Appeals | |
Rusty Ing v. City of Milan
Plaintiff is a business owner who was informed by the City of Milan that his business license would not be renewed because the City had determined that he was a “transient merchant” within the meaning of the City’s municipal code. Plaintiff filed this lawsuit, seeking an injunction preventing the City from prohibiting the operation of his business. The City filed a motion for summary judgment, claiming that the undisputed facts established as a matter of law that Plaintiff was a transient merchant. The trial court agreed and granted the City’s motion for summary judgment. Plaintiff appealed. We reverse and remand for further proceedings. |
Gibson | Court of Appeals | |
In Re: Jarrel X.W.
This is a termination of parental rights case in which Guardian, along with Custodial Parent, sought to terminate the parental rights of Father to the Child. Following a hearing, the trial court terminated Father’s parental rights, finding that Father abandoned the Child by failing to visit and by failing to provide child support and a suitable home; that the conditions which led to removal persisted; and that termination of Father’s parental rights was in the best interest of the Child. Father appeals. We affirm the termination of Father’s parental rights. |
Anderson | Court of Appeals | |
Sarah White v. Target Corporation
This appeal involves claims for intentional infliction of emotional distress, invasion of privacy, and misappropriation of image. The plaintiff, a customer of the defendant store, brought clothing into the store’s dressing room to try it on. While in a state of undress in the dressing room, the customer noticed in the reflection of her dressing-room mirror a globe on the store ceiling that appeared to contain a surveillance camera. Store employees initially told the customer that the globe contained a camera, but a store manager later told the customer that the ceiling globe did not contain a camera. Eventually, the plaintiff customer filed this lawsuit against the defendant store, seeking damages for, inter alia, intentional infliction of emotional distress, invasion of privacy, and misappropriation of image. The trial court granted summary judgment in favor of the defendant store. The plaintiff now appeals. We reverse, finding that the standard for summary judgment under Hannan v. Alltel Publishing has not been met in this case. |
Shelby | Court of Appeals | |
In Re: Estate of Fred Crumley, Sr.
The Bureau of TennCare filed a petition to open Fred F. Crumley, Sr.’s estate in order to file a claim against the estate for medical assistance rendered. The court appointed an administrator, and the Bureau of TennCare filed a claim. Administrator argued that the statute of limitations barred recovery on any claim filed by the Bureau of TennCare. The trial court agreed with Administrator and dismissed the claim. The Bureau of TennCare appeals. We reverse the decision of the trial court. |
Hamilton | Court of Appeals | |
In Re: Drako J. M. & Skyler B. M.
The parents of two young children agreed to give the paternal grandparents custody of the children. The grandparents subsequently filed a petition for termination of their parental rights on the ground of abandonment, and for adoption. The father agreed to surrender his rights during the hearing on the termination petition, but the mother insisted that she had not abandoned her children. The trial court terminated the parental rights of both parents on the ground of abandonment by willful failure to pay financial support in the four months prior to the filing of the petition for termination. See Tenn. Code Ann. § 36-1-113(g)(1). Mother appealed. She acknowledges that she failed to pay support during the relevant period, but she insists that her failure was not willful. We affirm the trial court. |
Sumner | Court of Appeals | |
Gary Clarke v. Metropolitan Government of Nashville and Davidson County, Acting by and through Electric Power Board as Nashville Electric Service
An employee of NES married a co-worker’s daughter and was found by the NES civil service board to be in violation of the utility’s nepotism policy that precluded related employees from working in the same “section.” The employee sought judicial review, and the trial court reversed the administrative decision. We affirm the trial court’s judgment because the administrative decision was arbitrary and capricious. |
Davidson | Court of Appeals | |
The State of Tennessee in its own behalf and for the use and benefit of the Government of Nashville and Davidson County v. Delinquent Taxpayers, etc.
Purchaser of condominium at delinquent tax sale sought excess funds remaining after taxes and court costs had been paid. Purchaser prepared a Quitclaim Deed that transferred Taxpayer’s title and redemption rights in property to Purchaser. Purchaser next prepared a Deed of Correction that corrected the spelling of Taxpayer’s name, but that also included a clause purporting to transfer to Purchaser Taxpayer’s right to the excess funds. Purchaser then prepared an Assignment of Excess Funds Payout that also purported to transfer Taxpayer’s right to the excess funds to Purchaser. Trial court awarded excess funds to Taxpayer rather than to Purchaser after finding there was no meeting of the minds and that Purchaser failed to carry his burden of proving he provided consideration for Taxpayer’s conveyance of the excess funds to him. Purchaser appealed and we affirm the trial court’s judgment. We conclude there was no consideration for the Assignment of Excess Funds Payoutand that the Deed of Correction is unenforceable because it is beyond the expectations of an ordinary person for a document titled Deed of Correction to transfer a right to receive $14,000 of excess funds to a purchaser of property. |
Davidson | Court of Appeals | |
Edna H. Irwin v. Christopher Martin Anderson
Plaintiff received serious injuries in an automobile accident, when she turned left in front of the oncoming vehicle operated by defendant. The suit resulted in a jury trial wherein the jury returned a verdict for defendant, which was approved by the Trial Judge. On appeal, we affirm the Trial Judge's Judgment. |
Anderson | Court of Appeals | |
In Re The Estate of Roslyn F. Karesh
This appeal involves claims against a decedent’s estate. After claims were filed against the decedent’s estate, the co-executors filed exceptions to the claim and attached a letter previously sent to the claimant discussing their objections to the claims. The probate court held that the co-executors had excepted to the claims only on the basis of timeliness, and that objections in the attached letter would not be considered additional exceptions. The co-executors argued that the claims were void and unenforceable irrespective of whether exceptions were filed; the probate court did not expressly rule on this contention. The claims against the estate were found to be timely filed, so the claims were reduced to judgments against the estate without a hearing on their merits. The co-executors appeal. We affirm in part and remand for findings of fact and conclusions of law under Rule 52.01 on the issue of whether the claims against the estate are unenforceable or void on their face. |
Court of Appeals | ||
Kevin Michael Jordan v. A.C. Enterprises, Inc., A/K/A Dipstick, Inc.
Plaintiff's action for retaliatory discharge resulted in a jury verdict in favor of plaintiff and an award of $120,000.00. Defendant appealed. We affirm the Judgment of the Trial Court upholding the jury verdict. |
Greene | Court of Appeals | |
In Re: Leland C.L.
This is a termination of parental rights case involving the biological father, David R. (“Father”), of the minor child, Leland C.L. The child was taken into custody on June 14, 2010, at two months of age, due to the biological mother’s drug use and the fact that he tested positive for opiates and hydrocodone at birth. The Department of Children’s Services (“DCS”) filed a Petition to Terminate Parental Rights naming the father as a respondent on January 7, 2011. Following a bench trial, the Court granted the Petition upon finding, by clear and convincing evidence, that the father had abandoned the child by failing to provide a suitable home for him, and also that the father was in substantial noncompliance with his permanency plans. The Court further found that termination was in the child’s best interest. The father appeals. We affirm. |
Anderson | Court of Appeals | |
Betty Lou Lawing v. Greene County EMS, et al
In this action the defendants filed a Motion for Summary Judgment on the grounds the statute of limitation had run on plaintiff's cause of action. The Trial Court overruled the Motion on the grounds that the tolling provisions in Tenn. Code Ann. § 29-20-201(c) was applicable to GTLA actions and granted permission to appeal pursuant to Tenn. R. App. P. 9. On appeal, we hold that the tolling provision does not apply because the statute did not expressly extend it to GTLA actions. |
Greene | Court of Appeals | |
IN RE J.C.H., J.C.H., and J.C.H.
This appeal involves the termination of the parental rights of a mother and father as to their three children. The Tennessee Department of Children’s Services became involved after it was reported that the father sexually abused the parties’ older daughter. Initially, the children were permitted to stay in the mother’s custody under a protection agreement and a restraining order which prohibited the father from any contact with the children. In violation of both, the mother and father fled the state with the children. As a result, the children were taken into protective custody. In the ensuing dependency and neglect proceedings, the children were found to be the victims of severe child abuse by both the father and the mother, and this finding was not appealed. The father eventually pled guilty to attempted aggravated sexual battery of the child. The Department filed this petition to terminate the parental rights of both parents. The trial court found several grounds for termination, including severe child abuse and abandonment by failure to support, and terminated the parental rights of both parents. The mother and father now appeal. We reverse the finding that the father abandoned his children by failure to support, but affirm all other grounds for termination and affirm the termination of the parental rights of both parents. |
Hardin | Court of Appeals |
