Opinions
TRINITY CLARK, ET AL. v. LANCE BAKER
This appeal concerns Tenn. Sup. Ct. R. 8, Rule of Professional Conduct 1.5(e), an ethics rule requiring that a division of fees between lawyers who are not in the same firm be agreed to by the client in writing. Trinity Clark (“Clark”) entered into a retainer agreement with attorney Troy Jones (“Jones”) on a 1/3 contingency fee. Jones brought Clark’s matter to attorney Lance Baker (“Baker”), who was not in a firm with Jones. Clark later entered an agreement with Baker on a 45% contingency fee. The Clark-Baker agreement provided, in writing, that Baker could associate other attorneys on the case, but that Clark’s overall fee obligation would not increase. The agreement neither identified any other attorneys nor specified how fees would be divided between them. After Clark’s case settled, Clark sued Baker in the Circuit Court for Knox County (“the Trial Court”), alleging Baker’s fee was unreasonable. Jones joined the lawsuit, arguing he was entitled to a share of the fees (“Plaintiffs,” Jones and Clark collectively). Baker filed a motion for summary judgment. The Trial Court denied Baker’s motion, finding that both the Clark-Jones agreement and the Clark-Baker agreement were invalid for noncompliance with Rule 1.5(e). This interlocutory appeal followed. We find the Clark-Jones agreement invalid. However, with respect to the Clark-Baker agreement, we find that the entire arrangement and Clark’s assent thereto satisfied Rule 1.5(e). We reverse on this issue and find that the Clark-Baker agreement is not invalid for failure of compliance with Rule 1.5(e). We affirm, in part, and reverse, in part. |
Knox | Court of Appeals | |
ELIZABETH KILLEN V. LINDA M. BOARDMAN
The defendant landowner appeals the trial court’s finding that the restrictive covenants applicable to her property prohibited the construction of a second residence. We affirm. |
Blount | Court of Appeals | |
Gerald Kiner v. Shelby County Government Public Records Department
Appellant asks this Court to order the trial court to remove certain allegedly disparaging comments from the trial transcript and two court orders. Appellant also asks this Court to issue a “letter of reprimand” to the trial judge for the allegedly disparaging comments. Due to the deficiencies in Appellant’s brief, and because we cannot grant Appellant the relief he seeks, we dismiss the appeal. |
Shelby | Court of Appeals | |
Mireille M. Lee v. The Vanderbilt University
This appeal arises from a complaint filed by a faculty member against The Vanderbilt University (“Vanderbilt”) after Vanderbilt rejected her applications for promotion and tenure during the academic years 2015-16 and 2018-19. The faculty member initially alleged one count each of gender discrimination, retaliation, and breach of contract but subsequently amended her complaint to omit the gender discrimination and retaliation claims. Concerning her breach of contract claim, the faculty member alleged that Vanderbilt had not followed its own policies and procedures for promotion and tenure when reviewing her tenure file and had shown bias against her, thus exhibiting a substantial departure from accepted academic norms and procedural regularity. After discovery, the parties filed competing motions for summary judgment. The trial court adopted this Court’s deferential standard for reviewing promotion and tenure decisions by academic institutions as set forth in Figal v. Vanderbilt Univ., No. M2012-02516-COA-R3-CV, 2013 WL 5459021 (Tenn. Ct. App. Sept. 27, 2013), and determined that Vanderbilt had not exhibited a substantial departure from accepted academic norms or procedural regularity in denying tenure to the faculty member. The trial court then determined that Vanderbilt had met its burden of negating an essential element of the breach of contract claim because the evidence was insufficient to establish that Vanderbilt had failed to follow its own tenure review process. The trial court further determined that the faculty member had failed to establish undisputed material facts that would entitle her to summary judgment. Accordingly, the trial court denied the faculty member’s motion for summary judgment, granted Vanderbilt’s motion for summary judgment, and dismissed the case with prejudice. The faculty member timely appealed. Discerning no reversible error, we affirm. |
Davidson | Court of Appeals | |
Kelly D. Bush et al. v. Commerce Union Bank d/b/a Reliant Bank et al.
Over ten years ago, Commerce Union Bank, d/b/a Reliant Bank (“the Bank”) obtained a deficiency judgment for a property owned by Dr. Byron V. Bush and Kelly D. Bush (“Plaintiffs”) that Plaintiffs used to secure a loan. Since then, Plaintiffs have filed and lost four appeals related to this case. In March 2024, Plaintiffs filed a complaint for fraudulent breach of contract against the Bank; the late Devan D. Ard, Jr., the former Bank president; Rick Belote, Senior Vice President of the Bank; and William Ronald DeBerry (collectively, “Defendants”). Defendants filed a motion for sanctions pursuant to Tennessee Rule of Civil Procedure 11.03. The Chancery Court for Williamson County (“the Trial Court”) granted the motion, dismissed Plaintiffs’ complaint with prejudice, awarded Defendants attorney’s fees and expenses incurred in filing the motion, and imposed a screening mechanism on any future filings by Plaintiffs. Plaintiffs appeal. Discerning no reversible error, we affirm. |
Williamson | Court of Appeals | |
State of Tennessee v. Travis Michael Barnett
After a bench trial in the Tipton County Circuit Court, the Defendant, Travis Michael Barnett, was convicted of one count of theft of property valued at $10,000 or more but less than $60,000, and the trial court imposed a six-year sentence as a Range II multiple offender with a 35% release eligibility. On appeal, the Defendant argues that the evidence is insufficient to support his conviction. Discerning no error, we affirm. |
Tipton | Court of Criminal Appeals | |
Maria Bernabe Martinez v. Amy Bryant
The owner of a Pitbull mix canine appeals from the trial court’s denial of her motion to set aside the judgment entered in favor of the canine’s victim. Discerning no error, we affirm. |
Sumner | Court of Appeals | |
In Re Cayla C.
The mother of the minor child at issue appeals the termination of her parental rights. The trial court found that four grounds for termination had been proven and that termination of the mother’s parental rights was in the minor child’s best interest. Although we vacate the finding that the ground of persistence of conditions was established, we affirm the finding that three grounds for termination have been proven and that termination of the mother’s parental rights is in the minor child’s best interest. Accordingly, we affirm the termination of the mother’s parental rights. |
Lincoln | Court of Appeals | |
State of Tennessee v. Michael Chad Owens
The Defendant, Michael Chad Owens, appeals his DeKalb County convictions for the sale and delivery of heroin and methamphetamine and resulting forty-five-year effective sentence. Specifically, the Defendant challenges that (1) the State failed to sufficiently establish the chain of custody for the narcotics; (2) the evidence was not sufficient to sustain his convictions due to chain of custody issues; (3) his right to confrontation was violated when the confidential informant (“CI”) involved in the controlled buys did not testify at trial; (4) the probative value of the admitted photograph of the CI was substantially outweighed by its danger of unfair prejudice; (5) the Defendant’s alleged impairment at trial prejudiced the jury against him; (6) his sentences are excessive; and (7) the fines imposed by the trial court are excessive. After review, we remand the case to the trial court for a hearing with regard to the fines and for entry of corrected judgment forms reflecting the sentence and fine for each conviction. We affirm the judgments of the trial court in all other respects. |
DeKalb | Court of Criminal Appeals | |
Annie Douglas v. Geraldine Latimer et al.
Thirty-one days after entry of the trial court’s final order, Appellants filed a motion to alter or amend the judgment pursuant to Rules 59.02 and 59.04 of the Tennessee Rules of Civil Procedure. Appellants subsequently filed a motion for relief pursuant to Rule 60.02, requesting that the court consider their untimely Rule 59 Motion due to their attorney’s excusable neglect or mistake. The basis for the alleged excusable neglect was Appellants’ counsel’s admitted calendaring error, which resulted in counsel filing the Rule 59 Motion one day late. Following a hearing on the matter, the trial court denied Appellants’ Rule 60.02 Motion, determining that the circumstances did not constitute excusable neglect. Upon review of the parties’ briefs and record on appeal, we affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
Christina Sanders, as next of kin to Terry Lee Sanders, deceased v. Metropolitan Government of Nashville and Davidson County
The appellant has filed a late notice of appeal together with a request to waive the late filing. Because the thirty-day time limit for filing a notice of appeal with the appellate court clerk is jurisdictional and cannot be waived, we deny the request to waive the late filing and dismiss the appeal. |
Davidson | Court of Appeals | |
State of Tennessee v. Samantha Louise Bledsoe
Defendant, Samantha Louise Bledsoe, was indicted by the Sullivan County Grand Jury for one count of driving under the influence ("DUI"), one count of DUI per se, one count of driving on a revoked license, and one count of DUI sixth offense. At the close of the State's proof, the trial court granted Defendant's motion for judgment of acquittal as to the charge of driving on a revoked license. A jury found Defendant guilty of the alternate DUI counts, and after a bifurcated proceeding, the DUI sixth offense count. The trial court merged the other offenses into the DUI sixth offense count and imposed an agreed upon four-year sentence. Defendant appeals her conviction and challenges the sufficiency of the evidence of her identity as the driver of the vehicle. Following our review, we affirm the judgment of the criminal court. |
Court of Criminal Appeals | ||
Joseph Cannistra v. William Charles Brown
This matter involves an ongoing dispute between a landlord and a tenant in Pulaski, Tennessee. Following a detainer action in General Sessions Court over unpaid rent, the tenant, representing himself, filed the present case against the landlord, alleging numerous causes of action. The trial court dismissed all the tenant’s claims against the landlord, finding that the tenant erred in failing to join his claims in the original detainer action. The tenant, still representing himself on appeal, challenged the trial court’s dismissal of his claims. Due to the deficiencies in his brief, we conclude that he has waived consideration of any issues on appeal and hereby dismiss the appeal. |
Giles | Court of Appeals | |
State of Tennessee v. Ladarrin Ceazer
A Shelby County jury convicted the defendant, Ladarrin Ceazer, of second-degree murder for which he received a sentence of twenty-five years with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing him to the maximum within-range sentence. Upon our review of the record, the applicable law, and the parties’ briefs, we affirm the trial court’s decision. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Lee Allen, Jr.
Defendant, Ricky Lee Allen, Jr., was convicted by a jury of driving under the influence (“DUI”). Defendant claims that the trial court erred by failing to suppress the evidence obtained as a result of his traffic stop, which he argues was unreasonably long, and that the trial court erred by finding that defense counsel “opened the door” to evidence that Defendant refused consent to have a blood sample taken. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Buchanan, In Re: McAdoo Bonding Company, Surety
A defendant was charged with one count of first-degree murder and one count of unlawful possession of a firearm. He was granted bail upon the posting of a $100,000 bond by a bonding company. In the wake of the defendant’s successive failures to appear, the trial court ordered the bond forfeited. The defendant was apprehended several weeks after the bonding company paid the forfeiture, and the bonding company sought a refund. The trial court denied the refund, and the bonding company moved the trial court to set aside its order denying the refund. The trial court also denied the motion to set aside, and this appeal followed. We affirm the trial court. |
Rutherford | Court of Criminal Appeals | |
Shaquil Murphy v. State of Tennessee
Petitioner, Shaquil Murphy, was convicted by a Knox County Criminal Court jury of |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Marcus Levon Somerville
The Defendant, Marcus Levon Somerville, appeals from his convictions for two counts of aggravated assault, contending that the trial court abused its discretion by denying his requests for judicial diversion and alternative sentencing. Additionally, he notes that the record is devoid of any proof that he affirmatively entered a guilty plea. After review, we agree that the Defendant never pled guilty to these offenses, rendering his convictions void as a matter of law. Accordingly, the judgments of the trial court are reversed, the Defendant’s convictions are vacated, and the case is remanded for further proceedings consistent with this opinion. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Patrick Plunk
The Defendant, Patrick Plunk, appeals from the order of the trial court revoking his probation. He argues that the trial court abused its discretion by failing to properly apply the two-step process required for probation revocation. In addition, the Defendant contends the record contains no reliable evidence to support revocation and no findings regarding the appropriate consequence, rendering the record insufficiently developed for appellate review. The State responds that the record contains substantial evidence supporting the revocation. After review, we affirm the trial court’s revocation of the Defendant’s probation but remand for the trial court to make findings concerning the consequence imposed for the revocation. |
Crockett | Court of Criminal Appeals | |
Rhonda Kay Davis v. State of Tennessee
Petitioner, Rhonda Kay Davis, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in finding that trial counsel provided effective assistance of counsel and that her plea was knowingly and voluntarily entered. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Grundy | Court of Criminal Appeals | |
Angela Johnson, et al. v. Tennessee Farmers Mutual Insurance Company
On December 13, 2022, David Johnson was struck by a vehicle driven by Dylan Clark. Dylan Clark’s automobile insurance carrier was Appellee, Tennessee Farmers Mutual Insurance Company. Appellee negotiated a settlement and paid $50,000.00 on Mr. Clark’s behalf for his role in the accident. The $50,000.00 check was made payable to both Appellant Beverly Johnson and Medicare. On May 1, 2024, Appellants filed suit. Appellees moved to dismiss the complaint for failure to state a claim pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure, and the trial court granted the motion. Appellants appeal the dismissal of their lawsuit. Discerning no error, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Billy Joe Anderson
The Defendant, Billy Joe Anderson, pleaded guilty in the Washington County Criminal |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Joshua Neil Blair
Defendant, Joshua Neil Blair, appeals the thirty-five-year sentence imposed for his Campbell County Criminal Court Jury convictions of felony evading arrest, vandalism, aggravated assault, and attempted second degree murder, claiming that the trial court erred by imposing partially consecutive sentences. Because the record supports the sentencing decision of the trial court, we affirm. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Michael Taylor
The Defendant, Michael Taylor, entered a guilty plea to arson pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), for which he received an agreed upon four-year sentence with the manner of service to be determined by the trial court. Following a hearing, the trial court imposed a sentence of one year in confinement followed by three years’ supervised probation. In this appeal, the Defendant contends that the trial court erred in denying full probation. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Antonio Dodson v. State of Tennessee
A Shelby County jury convicted the Petitioner, Antonio Dodson, of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated rape, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, this court affirmed the trial court’s judgments against the Petitioner. State v. Sherrod and Dodson, W2015-02022- CCA-R3-CD, 2017 WL 1907723 at *1 (Tenn. Crim. App. May 9, 2017) perm. app. denied (Tenn. Sept. 22, 2017). The Petitioner filed a petition for post-conviction relief, claiming ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals, maintaining that he received the ineffective assistance of counsel and that his due process rights were violated. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals |