Dianne Hamilton, et al. v. Methodist Healthcare Memphis Hospitals
This appeal arises from a health care liability action filed in circuit court by a conservator |
Shelby | Court of Appeals | |
Meredith Garrett v. Hidden Valley Homes, LLC et al.
In this breach of implied warranty of good workmanship and materials case, the trial court awarded Appellee $77,494.36 in damages. Although the parties agree that the proper measure of damages is the cost to repair the defects, the parties dispute the method of repair and its cost. In determining Appellee’s damages, the trial court relied on testimony from Appellee’s expert contractor. Discerning no error, we affirm the trial court’s order. The parties’ respective requests for appellate attorney’s fees are denied. |
Williamson | Court of Appeals | |
In Re Lieselotte H. Rogoish Revocable Living Trust
This appeal arises from a petition filed by a beneficiary of a trust seeking an accounting and removal of the trustee. The trustee asserted the affirmative defense that the beneficiary violated the no-contest clause in the settlor’s trust. The trustee served the beneficiary with requests for admissions, to which the beneficiary responded with objections to the majority of the requests. After the trial court granted his motion for the requests for admissions to be admitted, the trustee filed a motion for partial summary judgment based on the no-contest clauses in the trust and will of the settlor. The trial court granted the motion and dismissed the beneficiary’s petition with prejudice. The beneficiary appealed. We reverse and remand for further proceedings. |
Montgomery | Court of Appeals | |
In Re Preston H. (Concurring)
I concur in the result reached by the Court and in its analysis in all but one respect. In considering whether the father of Preston H., Christopher W. (“Father”), established an affirmative defense to the claim that he abandoned his child by failure to support, the Court reasons that it is unnecessary to determine “whether willfulness [of Father’s failure to support] presents a question of law, fact, or a mixed question of fact and law.” In my view, the outcome of the appeal depends on that determination. |
Williamson | Court of Appeals | |
Akrem Hasan v. Jim Burrow et al.
This is an appeal from an order denying a motion for relief under Tennessee Rule of Civil Procedure 60.02. Because the appellant did not file his notice of appeal within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal. |
Davidson | Court of Appeals | |
In Re Preston H.
Courts in both Florida and Ohio denied petitions to terminate Father’s parental rights in favor of the Prospective Adoptive Parents. While Florida courts were still exercising jurisdiction over the transition of the child from his Prospective Adoptive Parents to his Mother and Father, the Prospective Adoptive Parents sought for the third time to have a court terminate Father’s parental rights, asserting willful failure to support in Tennessee. The juvenile court dismissed the petition, finding that Father’s failure to support was not willful because the failure to support was tied to the Prospective Adoptive Parents’ representations that they would no longer pursue custody, to Father’s financial outlays related to preparing his home for a transition of custody, and to the complex, multi-jurisdictional nature of the litigation, in which Florida courts were expressly exercising jurisdiction for many months after the filing of the Tennessee petition and during the entirety of the period of non-payment. The Prospective Adoptive Parents appeal, asserting that the ground for termination was established by clear and convincing evidence, that termination is in the child’s best interest, and that the court erred in assessing fees for the guardian ad litem. We affirm the judgment of the juvenile court. |
Williamson | Court of Appeals | |
Jacob Thomas Cook Et Al v. Jefferson County, Tennessee Et Al
This case involves an accident between a motor vehicle and a school bus that occurred on |
Jefferson | Court of Appeals | |
Ashley Denson Ex Rel. Bobbie J. Denson v. Methodist Medical Center of Oak Ridge Et Al.
This appeal arises from a health care liability action following the death of Ashley Denson |
Court of Appeals | ||
Ashley Denson Ex Rel. Bobbie J. Denson v. Methodist Medical Center of Oak Ridge Et Al. - DISSENT
I agree with the majority’s secondary conclusion that Grandmother held standing to |
Court of Appeals | ||
Virgie Lee Parker v. Paul J. Parker
In this post-divorce action, the trial court denied the husband’s petition for contempt upon |
Bradley | Court of Appeals | |
Jeremy Nathaniel Greene v. Laura E. Greene et al.
This is a divorce case. Husband appeals the trial court’s valuation and division of marital property and its award of attorney’s fees as alimony in solido to Wife. We affirm the trial court’s valuation and division of marital property. We vacate the trial court’s award of attorney’s fees to wife as alimony in solido based on the lack of findings in the trial court’s order. Tenn. R. Civ. P. 52.01. The case is remanded for findings on the issue of whether an award of attorney’s fees is appropriate under the factors prescribed in Tennessee Code Annotated section 36-5-121 and, if so, whether the amount of attorney’s fees is reasonable. |
Bedford | Court of Appeals | |
Victor Lee Hyatt v. Suzanne Lee Hyatt
This appeal arises from a post-divorce petition for contempt. Because we conclude that the trial court’s order failed to resolve all the issues before the court, we dismiss the appeal for lack of a final judgment. |
Montgomery | Court of Appeals | |
In Re Skylith F. et al.
This appeal concerns the termination of a mother’s parental rights. Step-grandparents Joe K. and Lois K. (“Petitioners”) filed a petition in the Circuit Court for Montgomery County (“the Trial Court”) seeking to terminate the parental rights of Vernetta G. (“Mother”) to her minor children, Skylith F., Zelda F., and Celeste G. (“the Children”). After a hearing, the Trial Court entered an order terminating Mother’s parental rights on the grounds of abandonment by failure to support, abandonment by failure to visit, and persistent conditions. Mother appeals. Mother argues, among other things, that she was thwarted by Petitioners from visiting the Children more often than she did. We find by clear and convincing evidence, as did the Trial Court, that Petitioners proved three grounds for termination of Mother’s parental rights. We find further by clear and convincing evidence, as did the Trial Court, that termination of Mother’s parental rights is in the Children’s best interest. We affirm. |
Montgomery | Court of Appeals | |
In Re Skylith F. et al. (Concurring)
I concur in the majority’s thoughtful and well-reasoned opinion, but I write separately to reflect a variance of view with the majority’s determination as to the appropriate four-month statutory time period for assessing the ground for termination for abandonment by failure to support. In assessing abandonment, the General Assembly has directed Tennessee courts to consider “a period of four (4) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or any amended petition to terminate the parental rights . . . .” Tenn. Code Ann. § 36-1-102(1)(A)(i) (West July 1, 2021 to May 8, 2022). The majority concludes that the correct four-month period to examine for the ground of abandonment by failure to support in this case is the four months prior to the granting of the motion to amend, running from July 18, 2021, to November 17, 2021, rather than the four months prior to the time the amended petition was filed on September 24, 2021. I do not necessarily disagree with the majority on this point. Where I respectfully diverge is that I do not think it is necessary to decide between these two time periods in this case and would reserve doing so for a more appropriate case. |
Montgomery | Court of Appeals | |
Loring Justice Et Al. v. Kim Nelson Et Al.
This appeal is the latest development in a protracted custody and visitation dispute between |
Court of Appeals | ||
RAMA, Inc. d/b/a Discount Liquor v. City of Chattanooga, Tennessee, City Council
The appellant applied for a special exception permit allowing it to operate a liquor store in |
Court of Appeals | ||
Theresa Barrett v. Justin Garton
A plaintiff filed suit alleging that the defendant’s negligence caused her to sustain personal injuries in an automobile accident. The plaintiff filed the complaint within one year of the accident, but she failed to have process issued within one year from the filing of the complaint. Thus, the defendant sought summary judgment based on a statute of limitations defense. In response, the plaintiff claimed that the defendant should be estopped from asserting a statute of limitations defense because the parties had agreed that issuance of process was unnecessary. The trial court rejected the plaintiff’s estoppel argument and granted summary judgment to the defendant. Discerning no error, we affirm the trial court’s decision. |
Davidson | Court of Appeals | |
Michael Halliburton v. Blake Ballin, et al.
This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme |
Shelby | Court of Appeals | |
Nathaniel B. Carden, Et Al. v. Krystal L. Carden
The father of two children learned that the mother eventually planned to relocate to Florida. The father opposed the relocation and applied for a temporary restraining order to disallow the mother from leaving the state. He further requested modification of the permanent parenting plan entered at the time of the divorce (a default judgment). In response, the mother filed a counter-petition requesting permission to relocate out-of-state. The paternal grandparents filed a petition to intervene in the action to establish visitation. The court conducted a best interest analysis to determine whether it was in the children’s best interest to relocate with the mother. Concluding that it was in the children’s best interest to relocate, the court entered a modified parenting plan, which provided a period of co-parenting time for the father to be supervised by the grandparents and set forth a parenting schedule reflective of the distance between the parties upon the mother’s relocation. The father and the grandparents appealed. We affirm the judgment allowing the relocation. The trial court’s order regarding the grandparents’ visitation petition, however, is unclear. Accordingly, we vacate the modified parenting plan and remand this matter for specific findings under Tennessee Code Annotated section 36-6-307 and for a ruling whether the visitation by the grandparents will be separate from or derivative of the father’s time. |
Bradley | Court of Appeals | |
Donna F. Howard v. James C. Howard
This appeal involves a motion filed pursuant to Tennessee Rule of Civil Procedure 60.02, seeking to set aside the attorney's fee provision contained within a final divorce decree. The trial court denied the motion without hearing evidence from the parties or stating the basis for its decision. Because we are unable to adequately review the matter due to the trial court's lack of findings of fact and conclusions of law and the lack of evidence in the appellate record, we vacate the trial court's order and remand for further proceedings. |
Knox | Court of Appeals | |
Payton Castillo v. David Lloyd Rex M.D., Et Al.
The plaintiff filed this healthcare liability action against several healthcare providers |
Hamilton | Court of Appeals | |
Blankenship CPA Group, PLLC v. Stephen Wallick
A temporary injunction restrained a former employee of an accounting firm from committing acts of harassment against the firm or any of its principals, employees, or agents. An Internet news article reported the former employee’s perspective on his history with the firm. The former employee posted a link to the article on his Facebook page and circulated the article to clients of the firm and others. The firm filed a petition for criminal contempt, alleging that the former employee violated the restraint on acts of harassment against the firm. The trial court held the former employee in criminal contempt for willfully disobeying the injunction. We affirm in part and reverse in part. |
Williamson | Court of Appeals | |
Dominic Joseph Schanel v. Sarabeth Richardson
This appeal arises from a divorce after a very brief marriage. The parties had one young son at the time of the divorce. The trial court declared the parties divorced, named the mother primary residential parent, largely adopted her proposed parenting plan, and calculated child support after imputing income to the mother based on a finding of voluntary underemployment. The father appealed and raises three issues, primarily arguing that he should be named primary residential parent or at least have additional parenting time. The mother raises a host of issues regarding various other provisions of the parenting plan. For the following reasons, we affirm the decision of the circuit court as modified. |
Sumner | Court of Appeals | |
In Re Conservatorship of Tara Young
This case involves an appeal from the trial court’s appointment of a permanent conservator to oversee the person and property of the appellant, Tara Young. Ms. Young’s brother, Daniel Wood, petitioned for a conservatorship after he discovered that Ms. Young had been admitted to the Vanderbilt Adult Psychiatric Hospital following a car accident. After several months of proceedings and a two-day trial, the trial court concluded that a conservatorship was warranted and appointed a conservator for the person and property of Ms. Young. The trial court further determined that medical decisions should remain vested with Ms. Young. Ms. Young timely appealed. On appeal, Mr. Wood did not file a brief in response to Ms. Young’s appellate brief. Upon review, we conclude that Ms. Young’s brief lacks a statement of the issues presented for review and therefore does not comport with Tennessee Rule of Appellate Procedure 27(a)(4). Inasmuch as Ms. Young has not presented any issues on appeal as required by Rule 27, we dismiss this appeal. |
Davidson | Court of Appeals | |
In Re Estate of Willie C. Chaney
This appeal involves a dispute between family members regarding their father’s/grandfather’s estate. Following the filing of an action to probate the decedent’s will by his daughter, the decedent’s son and grandson contested the will. The trial court conducted a bench trial, subsequently entering an order determining that the residuary clause in the decedent’s will was invalid due to undue influence by his daughter. The court also held that the decedent’s son and grandson had proven that a portion of the decedent’s real property should be vested in the son due to a “resulting/constructive” trust. The decedent’s daughter and her son have appealed the trial court’s rulings. Discerning no reversible error, we affirm. |
Court of Appeals |