NONA G. ROGERS v. MICHAEL L. ROGERS
Following a divorce, a husband appeals the trial court’s classification of marital assets, division of marital assets, and alimony determination. Discerning no error, we affirm the trial court’s order. We grant the wife’s request for reasonable attorney fees on appeal. |
Bradley | Court of Appeals | |
IN RE DEZIRAY J., ET AL.
This is an appeal by a father of the termination of his parental rights to his daughter. The Juvenile Court for Sevier County (“the Juvenile Court”) terminated the father’s parental rights after finding by clear and convincing evidence that the conditions which led to his daughter’s removal persisted, that he had failed to manifest an ability and willingness to assume custody of his daughter, and that termination of his parental rights was in his daughter’s best interest. The father appealed. Discerning no reversible error, we affirm. |
Sevier | Court of Appeals | |
Shirley Jean Cupples Blankenship v. Charles Gary Blankenship, Sr. and Charles Gary Blankenship, II v. Shirley Jean Cupples Blankenship
This appeal arises from the death of the husband during a divorce proceeding. While the divorce was pending, the spouses sold real property they owned as tenants by the entirety and deposited the proceeds with the clerk of the court pursuant to an agreed order. Subsequently, the husband died and the wife filed a motion to dismiss the case and to distribute the proceeds. The chancery court determined that the husband’s death abated the divorce proceedings and that the proceeds had been owned by the spouses as tenants by the entirety. Thus, the court granted the motion to dismiss and determined that the wife was entitled to distribution of the proceeds as the surviving tenant by the entirety. The spouses’ son, acting as administrator of the husband’s estate, appeals. We affirm. |
Gibson | Court of Appeals | |
INDUSTRIAL BOILER & MECHANICAL CO., INC. v. TYLER ANDREW EVATT ET AL.
The plaintiff in this non-compete dispute raised several causes of action in the operative complaint but later filed a notice of voluntary nonsuit as to one of the claims within the suit. The defendants did not object at the time but nearly two years later filed a motion to dismiss the entire suit. The defendants asserted that Tennessee Rule of Civil Procedure 41.01 does not allow plaintiffs to dismiss one or more but fewer than all of the claims in a lawsuit. The trial court agreed and dismissed the plaintiff’s remaining claims without prejudice. The plaintiff appeals. We reverse. |
Hamilton | Court of Appeals | |
Alexander C. Ricketts v. Ashlee N. Bennett
The trial court approved a parenting plan jointly proposed by an unmarried Mother and Father, who at the time were living together. Their relationship, subsequently, deteriorated, and each parent later sought modification of the existing plan. With some minor alterations, the trial court largely adopted Mother’s proposed parenting plan. Father appeals. We affirm. |
Wilson | Court of Appeals | |
Elijah Shaw et al. v. Metropolitan Government of Nashville and Davidson County
This is an equal protection challenge to a city ordinance that restricts customer visits to some home-based businesses but not others, which the plaintiffs contend are similarly situated in all material respects in relation to the purpose of the restrictions. After the parties filed cross-motions for summary judgment, the trial court held that the restrictions were constitutional because they were rationally related to the city’s interest in preserving the residential nature of neighborhoods. Thus, the court granted Metro’s motion and denied the plaintiffs’ motion. The plaintiffs appeal, contending that the trial court reached the incorrect conclusion because the plaintiffs presented evidence that their home-based businesses have no greater impact on the residential nature of neighborhoods than the exempt home-based businesses. We agree with the plaintiffs. Thus, we reverse the judgment of the trial court and remand for further proceedings. |
Davidson | Court of Appeals | |
Applied Underwriters Captive Risk Assurance Company, Inc., et al. v. Tennessee Department of Commerce and Insurance
This appeal arises from a chancery court petition for interlocutory judicial review of an intermediate agency decision in a contested case proceeding before the Tennessee Department of Commerce and Insurance. The petition sought judicial review of the administrative law judge’s denial of a motion to dismiss. The department moved to dismiss the petition for lack of subject matter jurisdiction. The chancery court construed the challenge as a factual challenge to subject matter jurisdiction and determined that an adequate remedy would be available to the petitioners in the form of subsequent judicial review of a final administrative decision. Accordingly, the chancery court granted the motion to dismiss. Petitioners appeal. We affirm. |
Davidson | Court of Appeals | |
Susan Anderson, By Her Conservator Rebecca Woods Et Al. v. Alexian Village of Tennessee
In this health care liability action, the trial court dismissed the action with prejudice upon finding that the plaintiff had failed to comply with the pre-suit notice requirements found in Tennessee Code Annotated § 29-26-121. The plaintiff has appealed. Discerning no reversible error, we affirm. |
Court of Appeals | ||
IN RE ESTATE OF BETTY RUTH SHAW MORGAN
This is an appeal from a trial court’s final order entered on February 7, 2025. The notice of appeal was not mailed to the Appellate Court Clerk via certified mail until May 9, 2025, more than thirty days from the final order’s entry date. Because the notice of appeal was not timely filed, we lack jurisdiction to consider this appeal. |
Knox | Court of Appeals | |
In Re Estate of Floyd Edward Faulkner
After the decedent’s most recent will was admitted to probate, the decedent’s grandson moved to certify standing for a will contest. The grandson claimed standing as a beneficiary of a prior will. After a couple of hearings, he came forward with signed copies of several prior wills that named him as a beneficiary. The trial court ruled the grandson lacked standing because he failed to produce an original instrument or establish a lost will. We conclude that the copies of the prior wills, standing alone, were insufficient to establish standing. So we affirm. |
Giles | Court of Appeals | |
JAMES E. BLOUNT, IV v. WEIGEL’S STORES, INC. ET AL.
The plaintiff sued a third party in North Carolina. During that litigation, the plaintiff learned that a Tennessee business might have information relevant to the lawsuit, so the plaintiff obtained a subpoena in North Carolina and, under the Uniform Interstate Depositions and Discovery Act, received a corresponding subpoena from the Circuit Court Clerk for Knox County, Tennessee. After serving the subpoena on an agent for the defendant, the plaintiff heard no response. He then brought a petition to enforce the subpoena against the company and its agent. The defendants filed a motion to dismiss and for Rule 11 sanctions, which the trial court granted. Because we find that the trial court did not adequately explain its decisions to dismiss the petition, grant attorney’s fees, and order Rule 11 sanctions so as to allow for meaningful appellate review, we vacate the decision of the trial court and remand for further proceedings. |
Knox | Court of Appeals | |
Darryl Whisnant v. Tennessee Board of Probation and Parole
This appeal concerns a decision by the Tennessee Board of Parole (“the Board”). Following a hearing, the Board denied parole to inmate Darryl Whisnant (“Whisnant”). The Board said that, going forward, Whisnant should complete his programming as recommended by his Strong R Assessment, namely by continuing his positive behavior, remaining drug free, and taking a few minutes each day for positive reflection. Whisnant filed a petition for writ of certiorari in the Chancery Court for Davidson County (“the Trial Court”). The Trial Court upheld the Board’s decision. Whisnant appeals. According to Whisnant, the Board violated Tenn. Code Ann. § 40-35-503(b)(2)(B) by failing to state in writing how he could improve his chances of being released on parole. Whisnant argues that his recommended tasks were open-ended and impossible to complete. We find, as did the Trial Court, that the tasks given to Whisnant clearly were meant to be complied with up to his next parole hearing, at which time the Board can consider Whisnant’s compliance or non-compliance as part of its decision-making. The recommended tasks are neither open-ended nor impossible to complete. We hold that the Board complied with Tenn. Code Ann. § 40-35-503(b)(2)(B). We affirm. |
Davidson | Court of Appeals | |
Lakeesha Nicole Dixon-Starnes v. Ascension Saint Thomas Hospital Midtown
This matter is a petition for recusal of the trial judge pursuant to Tenn. Sup. Ct. R. 10B. The inadequacies of the petition require this Court to affirm the trial court’s denial of the recusal motion. |
Davidson | Court of Appeals | |
In Re Alexis F. et al.
A mother and a father challenge the juvenile court’s finding of two grounds for the termination of their parental rights and its finding that termination was in the best interests of the two children. We find that the juvenile court failed to make sufficient findings regarding one ground and vacate that ground. We affirm in all other respects. |
Jackson | Court of Appeals | |
In Re Lola-Rayne D.
Mother appeals the trial court’s decision terminating her parental rights. She challenges the termination ground, which is severe child abuse, as well as the best interest determination. We have concluded that clear and convincing evidence supports both of these rulings by the trial court and, therefore, we affirm. |
Giles | Court of Appeals | |
In Re Lucas S.
This is a termination of parental rights appeal. The father appeals the judgment of the trial court that terminated his parental rights to his minor child based on abandonment by willful failure to visit. The trial court further concluded that termination was in the child’s best interests. Discerning no error, we affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
STACIE SMITH v. GARY MEEK
This appeal arises out of a landlord-tenant dispute between Appellant Stacie Smith and Appellee Gary Meek. In response to a plumbing issue in her rented home, Ms. Smith sought injunctive relief from the Knox County General Sessions Court requiring Mr. Meek to make certain repairs to the home. The General Sessions Court granted the requested injunction, which Mr. Meek appealed to the Knox County Circuit Court. Following a bench trial, the Circuit Court entered judgment in favor of Mr. Meek and dismissed Ms. Smith’s complaint. Finding no reversible error, we affirm the judgment of the Circuit Court. |
Knox | Court of Appeals | |
Annajoel Sullivan v. Tennessee Department of Safety and Homeland Security
Following an alleged failure to properly assess whether a driver was impaired as part of an investigation of a car crash, the Tennessee Department of Safety and Homeland Security fired a probationary employee trooper. The trooper filed suit, claiming that the Department actually fired her because of her age, sex, and national origin. The trial court granted summary judgment to the Department. The trooper appealed. We affirm. |
Davidson | Court of Appeals | |
Samson K. Orusa et al. v. First National Bank of America
Homeowners sought to void the foreclosure sale of their home, asserting that the bank did not advertise the sale as required. The trial court granted the bank summary judgment, concluding that the bank was not properly served and that the foreclosure had been properly advertised. The homeowners appeal. We affirm based on failure of service of process. |
Montgomery | Court of Appeals | |
ROBERT A. MARTIN ET AL. v. ROBERT E. MARTIN ET AL.
Robert A. Martin (“Father”) and Donna Saas (“Daughter”) (collectively “Plaintiffs”) filed a petition in the Chancery Court for Cumberland County (“the Trial Court”), seeking the removal of Robert E. Martin (“Son”) as trustee of the Martin Irrevocable Trust (“the Trust”) and making claims of breach of fiduciary duty and conversion of assets against Son and his wife, Karen Martin (“Son’s Wife”) (collectively, with Son, “Defendants”). The Trial Court struck Defendants’ defenses and denials in their answer given their failure to provide an accounting of the Trust’s assets despite the Trial Court’s orders to do so. After a hearing on damages, the Trial Court awarded Daughter half of the asset that was supposed to have been put in the Trust, half of the funds that Son had converted from Father’s accounts, attorney’s fees, punitive damages, and lost wages. Defendants appeal. Discerning no reversible error, we affirm. |
Cumberland | Court of Appeals | |
Jackie Mansfield Broyles v. Calvin C. Herrin, Jr., individually and d/b/a Hickory Creek Barbecue et al.
After slipping and falling on accumulated snow and ice at a restaurant, a man filed a premises liability lawsuit against the owner of the restaurant. The trial court granted summary judgment to the owner based on its finding that the owner owed no duty to protect the man from accumulated snow and ice because the incident occurred during an ongoing winter storm. Discerning no error, we affirm the trial court’s decision. |
Warren | Court of Appeals | |
IN RE KENNA R., ET AL.
This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Hawkins County (“the Juvenile Court”) seeking to terminate the parental rights of Rikiya P. (“Mother”) to her minor children Annabelle, Jasmine, and Liam (“the Children,” collectively), as well as the parental rights of Daniel R. (“Father”) to Liam.1 The Children had been removed from Mother and Father’s custody because Mother starved and beat Kenna, Father’s daughter by another mother.2 Father was aware of the abuse but failed to protect Kenna. The Juvenile Court terminated Mother’s and Father’s parental rights on the ground of severe child abuse. Mother and Father appeal. We find, as did the Juvenile Court, that the ground of severe child abuse was proven against Mother and Father by clear and convincing evidence. We find further, as did the Juvenile Court, that clear and convincing evidence supports termination of Mother’s and Father’s parental rights as being in the best interest of the Children. We affirm. |
Hawkins | Court of Appeals | |
ESTATE OF MARTHA HARRISON BANE v. JOHN BANE
In this declaratory judgment action, the trial court denied the appellant’s motions, filed one year after a decision from this Court affirming the trial court’s final judgment, seeking to intervene as a party in the lawsuit and to “correct” the trial court’s previous order. The trial court also awarded sanctions to the opposing party pursuant to Tennessee Rule of Civil Procedure 11. The appellant timely appealed these rulings. Following our thorough review, we affirm the trial court’s denial of the appellant’s motion to intervene as untimely. However, we vacate the trial court’s award of Rule 11 sanctions and remand for the limited purpose of allowing the trial court to make the appropriate findings concerning its adjudication of the Rule 11 motion, including the ability to hold a hearing, if necessary, regarding the factual analysis required by Rule 11. The appellant’s other issues are pretermitted due to his status as a non-party. We decline to award attorney’s fees incurred on appeal to the appellee, and we further decline to impose sanctions against the appellee’s counsel for representations made during oral argument. |
Cocke | Court of Appeals | |
In Re Mykeena C. et al.
Mother and Father appeal the termination of their parental rights to their two shared children. We conclude the trial court properly found that the Department of Children’s Services proved by clear and convincing evidence at least one ground for termination as to each parent and that termination of parental rights is in the children’s best interest. Accordingly, we affirm the trial court’s termination of parental rights. |
Montgomery | Court of Appeals | |
BIOBELE GEORGEWILL V. CMH HOMES, INC.
The plaintiff seeks recusal of the trial judge pursuant to Tenn. Sup. Ct. R. 10B. The trial judge denied the plaintiff’s sixth motion to recuse. The plaintiff’s Rule 10B petition fails to comply with the rule, and the grounds for recusal offered are without merit. We affirm the trial court’s decision. |
McMinn | Court of Appeals |
