Providence Crossings, LLC v. SC Realty Capital, L.P., SC Capital, LLC, and Smith Realty Interests, L.P.
Purchaser of landlocked property brought action against the sellers, seeking to recover damages allegedly caused by the failure of the sellers to complete a road extension or otherwise to insure reasonable access to the property, which had been purchased for development of multi-family rental units. The trial court granted summary judgment to the sellers, finding that the right of the purchaser to proceed with the action was extinguished when the bank that provided financing for the development of the property foreclosed on the loan secured by the property and subsequently sold the property to another entity. The court concluded that the purchaser did not have standing to pursue the claims. Finding that a genuine issue of material fact exists as to whether the purchaser's cause of action was included in the assets foreclosed upon, we reverse the judgment of the trial court and remand for further proceedings. |
Davidson | Court of Appeals | |
In Re: Christopher M. - Tennessee Department of Children's Services v. Ebony M.
Mother appeals from the termination of her parental rights on the grounds of abandonment, substantial noncompliance with permanency plans, and mental incompetence. We affirm. |
Shelby | Court of Appeals | |
In Re Isaiah L. - Tennessee Department of Children's Services v. Dianne P.
This is an appeal from a finding of dependency and neglect. An off-duty employee of the petitioner Tennessee Department of Children's Services witnessed the respondent mother hitting the subject child in the parking lot of a retail store. After an investigation, the State filed a petition for dependency and neglect, alleging abuse based on the parking lot incident. The juvenile court determined that the child had been abused and held that the child was dependent and neglected. The mother appealed to the circuit court, which conducted a two day trial de novo. After hearing the evidence, the circuit court below entered an order finding by clear and convincing evidence that the child had been abused and declaring the child to be dependent and neglected. The mother now appeals. We affirm. |
Davidson | Court of Appeals | |
SNPCO Inc., d/b/a Salvage Unlimited vs. City of Jefferson City, et al
The question before this Court is whether the grandfather clause of Tennessee Code Annotated section 13-7-208(b)(1) protects the owner of newly annexed city property from the enforcement of a citywide ordinance prohibiting the sale and storage of fireworks. Interpreting section 13-7-208(b)(1) strictly against the landowner, we hold that the grandfather clause does not apply because the ordinance is not a "zoning" restriction or regulation, i.e., the ordinance does not regulate the use of property within distinct districts or zones pursuant to a comprehensive zoning plan. Accepting the facts alleged in the landowner's amended complaint as true, the landowner is not entitled to an injunction prohibiting enforcement of the ordinance against its preexisting fireworks business. We accordingly affirm the dismissal of the landowner's amended complaint for failure to state a claim upon which relief may be granted. |
Jefferson | Court of Appeals | |
Prestige Land Company vs. Brian Mullins Excavating Contractors, Inc.
Prestige Land Company ("Developer") owned land upon which it intended to build a commercial shopping center. An estimate to complete the project was obtained. Thereafter, the project was opened up for bidding. Brian Mullins Excavating Contractors, Inc. ("Contractor") bid on the project. Although contractor's bid was significantly lower than the next lowest bid, it was only 10% lower than the estimated costs of construction. Contractor was unaware that it had made a unilateral mistake in its bid. Contractor was awarded the project. Eventually, contractor was unable to complete the project because it ran out of money due to its unilateral bidding mistake. Developer sued for breach of contract, and contractor filed a counterclaim for fraud and other claims. The trial court awarded contractor a judgment for $101,357.05. Finding no clear and convincing evidence of fraud by developer, we vacate the judgment for contractor and enter a judgment for developer in the amount of $128,326.56. |
Roane | Court of Appeals | |
Robert G. Crabtree, Jr., et al vs. Jennifer L. Lund - Concurring
I concur in the decision to vacate the judgment of the Trial Court. I agree that Tenn. R. Civ. P. 4.01(3) controls the outcome of this appeal. I further agree that the issue in this case is whether Plaintiffs intentionally caused the delay in the prompt service of the summons. I further agree that the record before us shows that Plaintiffs did make at least some attempts to serve Defendant. This being so, I agree that Defendant did not meet her burden of showing that Plaintiffs intentionally delayed service of the summons. |
Carter | Court of Appeals | |
Robert G. Crabtree, Jr., et al vs. Jennifer L. Lund
Carter County -Robert G. Crabtree, Jr., and Bonnie K. Hakey (collectively "the plaintiffs") filed suit against Jennifer L. Lund ("the defendant") seeking compensation for personal injuries and property damage arising out of a April 22, 2005, multiple-vehicle accident in Carter County. With her answer, the defendant coupled a motion to dismiss under Tenn. R. Civ. P. 12.02 "on the basis of insufficiency of process and insufficiency of service of process." Following a hearing, the trial court dismissed the plaintiffs' suit with prejudice finding "that the plaintiffs have not provided to the Court any valid reason for the delay in obtaining prompt service of process upon the defendant." Plaintiffs appeal. We (1) vacate the trial court's judgment dismissing the plaintiffs' complaint and (2) remand for further proceedings. |
Carter | Court of Appeals | |
Estate of David Holt Ralston, Deceased by John A. Ralston, Personal Representative v. Fred R. Hobbs, et al.
The personal representative of a decedent's estate filed This action to rescind twelve deeds, all of which were executed by the decedent's attorney-In-fact without the decedent's knowledge and for which the decedent received no consideration, or alternatively for damages. the attorney-In-fact conveyed the property to himself, his mother, and his daughter. the personal representative alleges that the attorney-In-fact breached his fiduciary duty In making the transfers. the trial court agreed, and rescinded the conveyances for property still owned by the attorney-In-fact and awarded monetary damages against the attorney-In-fact for the value of property subsequently conveyed to innocent third parties. the attorney-In-fact appeals claiming, inter alia, the personal representative lacks standing to bring a claim on behalf of the estate involving real property, that the action is barred by the statute of limitations, and that the trial court erred In finding that the durable power of attorney did not authorize him to transfer the property. We have determined the personal representative has standing to maintain This action and the action was timely filed. We affirm the trial court's finding that the attorney-In-fact breached his fiduciary duty by conveying the property to himself, his mother, and his daughter for no consideration to the decedent. We also affirm the rescission of the deeds to property the attorney-In-fact still owns and the award of damages against the attorney-In-fact for the value of the real property that has since been conveyed to innocent third parties. |
Rutherford | Court of Appeals | |
Shirley Nicholson v. Lester Hubbard Realtors, et al.
After plaintiff appealed from general sessions to circuit court, the circuit court entered an order requiring her to file a formal complaint. The circuit court then granted the defendants' motion to dismiss the complaint for failure to state a claim. We find no error in the trial court's decision to require plaintiff to file a formal complaint, but we reverse its determination that the amended complaint failed to state a claim upon which relief could be granted. |
Shelby | Court of Appeals | |
Kenneth Beal v. Nashville Electric Service a/k/a Electric Power Board of Nashville and Davidson County
Employee had been absent from work on paid sick leave for an extended period of time when employer conducted an investigation and learned that he was working as a real estate agent. An administrative law judge conducted a hearing and recommended termination. The Board unanimously upheld the ALJ's findings and terminated employee. The chancery court affirmed. We affirm. |
Davidson | Court of Appeals | |
Janson Pope v. Sayuri Pope
In this divorce action, Wife appeals the trial court's division of property and award of alimony and attorney's fees to Husband and asserts that the manner and conduct of the hearing violated her right to procedural due process. We reverse the judgment in part and remand the case for the court to classify the parties' property, to value and divide the property it determines to be marital property, and to redetermine the amount of attorney's fees to Husband. |
Davidson | Court of Appeals | |
Teresa L. Weaver, et al. v. Travis K. Pardue, et al.
This appeal arises out of a primary care physician's alleged negligent and tortious treatment of a longtime patient. The trial court granted summary judgment in favor of the physician, questioning the credibility of the patient's allegations and holding in part that the physician's alleged conduct could not support a cause of action for intentional infliction of emotional distress. We reverse and remand. |
Davidson | Court of Appeals | |
James Rainwater, et al. v. Sumner County, Tennessee, et al.
Plaintiffs sought a declaratory judgment that a gravel drive running through their property is a private easement rather than a public road. The trial court granted summary judgment in favor of the defendants, finding that the drive is a public road. Finding this case inappropriate for summary judgment, we reverse the trial court's grant of summary judgment and remand for a trial on the merits. |
Sumner | Court of Appeals | |
Arthur A. Winquist, et al vs. James A. Goodwin, et al
This case was precipitated when defendants blocked plaintiffs' use of an existing driveway. Plaintiffs brought this action for a declaratory judgment and following an evidentiary hearing, the trial court ruled that plaintiffs had a prescriptive easement to use the driveway and that defendants would be required to restore the driveway as well as the excavations damaging plaintiffs' lots. On appeal, we affirm. |
Rhea | Court of Appeals | |
Sherry A. Ridley vs. James G. Neeley, et al
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Hamilton | Court of Appeals | |
84 Lumber Company vs. R. Bryan Smith, et al - Concurring
I agree with so much of the majority opinion as affirms the trial court’s judgment against Allstate Building System, LLC. I cannot agree, however, with the majority’s decision (1) to reverse the judgment in favor of 84 Lumber Company against R. Bryan Smith and (2) to grant summary judgment to Mr. Smith. |
Washington | Court of Appeals | |
84 Lumber Company vs. R. Bryan Smith, et al
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Washington | Court of Appeals | |
Danny E. Rogers vs. Steven Payne, et al
This appeal involves an inmate's petition for writ of certiorari, which he filed after he was convicted by the prison disciplinary board of participating In security threat group activity. after reviewing the record, the trial court dismissed his petition. We affirm. |
Johnson | Court of Appeals | |
John P. Konvalinka vs Chattanooga-Hamilton County Hospital Authority
This is the second time this case, filed by John P. Konvalinka ("the Petitioner") to force disclosure of public documents, has been before us. In the trial court's order that generated the first appeal, the court held that the records the petitioner requested from Chattanooga-Hamilton County Hospital Authority ("the Hospital" or "Erlanger") were exempt from disclosure under state law, and pretermitted the question of whether they were exempt from disclosure under federal law. On appeal, we held that the records were not protected from disclosure by state law and remanded for a determination of whether they were protected from disclosure by federal law. The Hospital attempted on remand to assert additional state law defenses to disclosure. The trial court held that the new state law defenses were outside the scope of the remand. It also held that federal law did not protect the documents at issue from disclosure. Accordingly, it ordered the Hospital to produce the documents. The Hospital appeals challenging both aspects of the trial court's judgment. We affirm. |
Hamilton | Court of Appeals | |
Dawn Lyn Tousignant Gordon vs. Robert Frank Gordon
In this divorce action, the trial court awarded Dawn Lyn Tousignant Gordon ("Wife") 59% of the marital estate, or approximately $231,100. It also ordered Robert Frank Gordon ("Husband") to pay Wife "permanent spousal support" of $2,200 per month. Husband appeals and challenges both the division of marital property and the court's award of alimony in futuro. We modify the trial court's division of marital property and its award of alimony. As modified, the trial court's judgment is affirmed. |
Washington | Court of Appeals | |
Kenneth Ray Fox, Jr. v. Kristi Danielle Fox
The trial court found Husband guilty of two counts of criminal contempt for violation of a court order. Husband appeals the findings of contempt on the ground that he did not receive proper notice. The trial court dismissed a third count of criminal contempt without prejudice and allowed Wife to re-file her claim so as to provide Husband with proper notice. We affirm the court's two findings of contempt and reverse its dismissal of the third count of contempt, finding that Husband was given sufficient notice. We remand the matter to the court for a determination of whether Husband violated the order. |
Rutherford | Court of Appeals | |
Tonya Gager v. River Park Hospital
Plaintiff, a nurse practitioner formerly employed by a staffing service and supplied to a hospital emergency department, sued the hospital for retaliatory discharge under Tennessee common law and the Tennessee Public Protection Act, Tenn. Code Ann. _ 50-1-304. The hospital moved for summary judgment, which the trial court granted. Finding no error, we affirm the judgment of the circuit court. |
Warren | Court of Appeals | |
Roy Odom v. Lisa Odom
Father appeals the denial of his Tenn. R. Civ. P. 60 motion to void an order appointing a parenting coordinator. We find that the appeal is now moot. |
Williamson | Court of Appeals | |
Amy Goolsby James v. Chadwick Ryan James
This is a divorce action. Wife asserts the trial court erred by not granting her a new trial, by declaring the parties divorced rather than awarding the divorce to her, and in its division of property, award of alimony, and by not naming her the primary residential parent and setting child support accordingly. We affirm in part, reverse in part, and remand. |
Davidson | Court of Appeals | |
State of Tennessee, ex rel., Michael Overton v. Kimberly Robb
The defendant was found in civil contempt for failure to pay child support and sentenced to serve 180 days in jail unless she purged her contempt with the payment of $2,200. Finding the evidence inadequate to support a finding that the defendant had the ability to pay child support when it was due or that she had the ability to pay $2,200 at the time of the hearing in order to purge the sentence, we reverse. |
Dickson | Court of Appeals |
