Opinions
Jacqueline Adams v. Finis Fields
A jury in a personal injury case awarded damages that were significantly lower than the plaintiff’s claimed medical expenses. The trial court denied Plaintiff’s motion for a new trial, and the plaintiff appealed, arguing that the jury’s verdict was below the range of reasonableness and indicative of an improper compromise. We affirm. |
Shelby | Court of Appeals | |
VITTORIO CAFINI v. GARRY KING
This is an action to recover damages for purported breach of contract, negligence, breach of implied warranty of merchantability, breach of implied duty of indemnity, and fraud in construction of a home. After a bench trial, the court ruled in favor of the defendant. The plaintiff appealed. We affirm the ruling of the trial court. |
McMinn | Court of Appeals | |
CLPF the Club LLC d/b/a The Club at Hickory Hollow v. Michelle Okoreehbaah Keister et al.
A tenant appeals an order granting a landlord possession of real property. Because the order does not dispose of the landlord’s claim for damages or the tenant’s counterclaim, we dismiss the appeal for lack of appellate jurisdiction. |
Davidson | Court of Appeals | |
Teresa Locke v. Lolita Locke
The defendant appeals from an order granting the plaintiff possession of real property. Because the order appealed does not dispose of the plaintiff’s claim for damages, we dismiss the appeal for lack of appellate jurisdiction. |
Williamson | Court of Appeals | |
IN THE MATTER OF GEORGE W. WALLS, JR.
In this action involving construction of a last will and testament, the trial court granted a beneficiary’s motion to compel distribution of two parcels of real property upon finding that the decedent had devised the parcels to the movant in his will. The trial court entered an agreed order staying execution of the judgment pending appeal. The executor of the decedent’s estate has appealed. Discerning no reversible error, we affirm the trial court’s judgment. However, we modify the judgment to (1) stay transfer of title to the subject real properties until pending motions and the issue of the estate’s solvency have been resolved and (2) extend the conditions provided in the agreed order staying execution until such resolution has been accomplished. We deny the executor’s request for an award of attorney’s fees and expenses incurred on appeal. |
Hamilton | Court of Appeals | |
IN RE HARPER A., ET AL.
This appeal involves a petition to terminate the parental rights of a mother to her two children. The juvenile court found that four grounds for termination were proven by clear and convincing evidence and that termination was in the best interests of the children. The mother appeals. We affirm in part and vacate in part. We remand for entry of an order containing findings of fact and conclusions of law regarding the ground of failure to manifest an ability and willingness to care for the children and the factors concerning the best interests of the children. |
Sullivan | Court of Appeals | |
MAWULE TEPE v. CONNOR MCCARTHY BLAIR ET AL.
This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, filed by the plaintiff, Mawule Tepe (“Plaintiff”), seeking to recuse the trial judge in this case. After diligent review of the materials submitted on appeal, we vacate an order and a pre-filing injunction entered by the trial court while the recusal motion was pending. The trial court’s denial of the recusal motions is affirmed in all other respects. |
Bradley | Court of Appeals | |
Keith Dessinger v. Sally McIver
This is the third recusal appeal filed by the pro se petitioner relative to the underlying consolidated cases. Because the petitioner has not demonstrated a basis for recusal, we affirm the judgment of the trial court in denying the motion to recuse. |
Shelby | Court of Appeals | |
Rodger Broadway v. Tennessee Department of Correction et al.
The trial court dismissed a prisoner’s petition for a writ of certiorari on the basis that no verified petition was timely filed. On appeal, the prisoner concedes that his verified petition was filed at least one day late but contends that this Court should adopt an exception permitting the late filing due to obstruction by prison staff that prevented the prisoner from filing a timely verified petition. We affirm the decision of the trial court. |
Hickman | Court of Appeals | |
Zachary Thompson v. State of Tennessee
The Petitioner, Zachary Thompson, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he failed to establish that trial counsel rendered ineffective assistance. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Austin Drummond
This matter is before the Court upon the Defendant’s application for an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. The Defendant seeks review of the trial court’s order transferring the Defendant to the custody of the Tennessee Department of Correction (TDOC) for safekeeping prior to trial. The Defendant argues that the trial court lacked statutory authorization to transfer a pretrial detainee to TDOC custody or, alternatively, that the facts of this case do not support such a transfer. The State has filed a response in opposition, arguing that the trial court has not so far departed from the accepted and usual course of judicial proceedings as to require immediate review. We conclude that extraordinary review is “necessary for complete determination of the action on appeal.” Tenn. R. App. P. 10(a)(2). Therefore, we hereby GRANT the Defendant’s application for extraordinary appeal. However, further briefing and argument are not required. See Tenn. R. App. P. 10(d). For the reasons set forth below, we AFFIRM the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
Katherine Wehr Johnson v. Dustin Faeder
This appeal stems from an extension and modification of an order of protection. Upon motion by Appellee, the trial court extended the initial order of protection between the parties for one year and modified the terms of the order. Appellant challenges the extension on procedural, statutory, and constitutional grounds. After careful review, we affirm the trial court’s extension and modification of the order of protection. |
Davidson | Court of Appeals | |
Raul Martinez v. Davids Group, LLC
The appellee sustained severe injuries after falling off of a ladder at his job. The appellee was performing work on a building owned by the appellant when the accident occurred, and he claims the ladder was owned by the appellant. The appellant’s workers’ compensation policy had lapsed and was not in effect at the time of the accident. The appellee filed a common law tort action against the appellant. Following a bench trial, the trial court awarded the appellee a judgment of $471,038.36. We conclude that the trial court erred in calculating the appellee’s damages for lost wages and future lost earning capacity and modify the trial court’s judgment to correct such error. We also remand this case to the trial court for consideration of whether the appellee is entitled to an award of noneconomic damages. We affirm the trial court’s judgment in all other respects. |
Wilson | Court of Appeals | |
State of Tennessee v. Keion Lamonte Jemison
Defendant, Keion Lamonte Jemison, appeals from his convictions for reckless homicide, aggravated assault resulting in death, aggravated assault with a deadly weapon, and possession of a firearm by a person convicted of a felony crime of violence, for which he is serving an effective twenty-three-year sentence. On appeal, he argues that the trial court erred by sentencing him for Class B felony possession of a firearm by a person convicted of a crime of violence, arguing that aggravated assault by recklessness is not included in the statutory definition of a “crime of violence.” We affirm. |
Davidson | Court of Criminal Appeals | |
In Re Nick Charles Vergos
Because the Shelby County Probate Court had no subject-matter jurisdiction over this breach of contract case, we vacate the probate court’s order and remand with instruction to transfer the matter to the Shelby County Chancery Court. |
Shelby | Court of Appeals | |
State of Tennessee v. Billy Jack Reprogal
Billy Jack Reprogal, Defendant, admitted to violating the terms of his community-based alternative to incarceration (“community corrections”) sentence. Following a hearing, the court ordered Defendant to serve the balance of his sentence in confinement. Defendant claims the trial court erred because it failed to properly consider the ends of justice and the best interest of the public and Defendant when it sentenced him. Discerning no error, we affir |
Humphreys | Court of Criminal Appeals | |
TIMGMT Acquisitions, LLC v. 5D Development, Inc. et al.
This appeal concerns third-party claims for breach of contract filed by a real estate developer against several real estate investment companies. The trial court entered an agreed order extending the time for the third-party defendants to file a “responsive pleading.” Then, prior to the deadline for filing their responsive pleadings, the third-party defendants filed a motion to dismiss under Rule 12 of the Tennessee Rules of Civil Procedure. But the developer argued that the third-party defendants waived their right to file a Rule 12 motion because the agreed order only extended the deadline for “responsive pleadings.” During the hearing on the motion to dismiss, the third-party defendants asked for an award of their attorney’s fees and costs under Tennessee Code Annotated § 20-12-119(c)(1), which requires courts to “award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney’s fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties.” The trial court granted the motion to dismiss but held that the third-party defendants could not recover their attorney’s fees and costs under § 20-12-119(c)(1) because “the written motion to dismiss did not include a request for an award of fees or cite to the statute.” This appeal followed. We conclude that the agreed order did not constitute a waiver of the third-party defendants’ right to file a motion to dismiss and affirm the dismissal of the claims at issue. However, we conclude that the third-party defendants are entitled to an award of their costs and attorney’s fees under § 20-12-119(c)(1). Thus, we reverse and remand with instructions to award the third-party defendants their reasonable and necessary attorney fees and costs. |
Davidson | Court of Appeals | |
In Re The Estate of Ethel M. Harris
Appellant, Shamika Sykes, has appealed an order of the Shelby County Probate Court that was entered on March 13, 2025. We determine that the trial court’s order does not constitute a final appealable judgment. As a result, this Court lacks jurisdiction to consider this appeal. The appeal is, therefore, dismissed. |
Shelby | Court of Appeals | |
State of Tennessee v. Frank E. Fankam
Defendant, Frank E. Fankam, was indicted by a Davidson County Grand Jury for one count of rape. A petit jury convicted Defendant as charged, and the trial court sentenced Defendant to ten years with one year to be served in confinement and nine years to be served on supervised probation. On appeal, Defendant asserts that: 1) it was plain error for the trial court to allow into evidence text messages between Defendant and the victim; 2) the State impermissibly delayed in bringing an indictment against him in order to gain a tactical advantage at trial; 3) the State committed prosecutorial misconduct in its cross-examination of Defendant and during closing argument; 4) the evidence was insufficient to sustain Defendant’s conviction; and 5) cumulative error requires reversal. Having reviewed the record and the arguments of the parties, we find no error and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
WENDIE DEANN DERRICK, ET AL. v. PEGGY LANE CASTLE, ET AL
The appellants filed an accelerated interlocutory appeal from the trial court’s denial of a recusal motion pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the motion, we affirm the trial court’s denial of the motion |
Hawkins | Court of Appeals | |
Mario R. Perkins v. Frank Strada, Commissioner of the Tennessee Department of Correction
This is an appeal from an order dismissing an inmate’s Petition for Declaratory Judgment. Because the inmate did not file his notice of appeal with the Clerk of the Appellate Court within thirty days after entry of the order as required by Rule 4(a) of the Tennessee Rules of Appellate Procedure, we dismiss the appeal. |
Davidson | Court of Appeals | |
Yonas M. Teshale v. Fanchaisavanh Lanexang
This appeal concerns a father’s petition to modify the permanent parenting plan for his two children. After an evidentiary hearing, the juvenile court magistrate entered a plan that modified the residential parenting schedule and gave the mother sole decision-making authority over all educational and non-emergency health care decisions. The father argues that the magistrate did not maximize his participation in the children’s lives as required by Tennessee Code Annotated § 36-6-106(a) and that there was no basis for modifying the allocation of decision-making authority. We affirm the judgment in all respects. We have also determined that the mother, as the prevailing party, is entitled to recover her reasonable and necessary attorney’s fees and expenses incurred on appeal under Tennessee Code Annotated § 36-5-103(c), and remand for the trial court to make the appropriate award. |
Rutherford | Court of Appeals | |
Cedric Jones. Kroger Limited Partnership I et al.
After slipping and falling on accumulated snow and ice in the parking lot of a grocery store, a man filed a premises liability lawsuit against the store, the owner of the parking lot, and the company hired to perform snow and ice removal services for the parking lot. The trial court granted summary judgment to all of the defendants because the court found that the proof at the summary judgment stage showed conclusively that reasonable minds could not differ that the man was at least fifty percent at fault for the injuries he alleged to have suffered. Discerning that the evidence shows that a dispute of material fact exists, we reverse the trial court’s decision and remand for further proceedings. |
Davidson | Court of Appeals | |
State of Tennessee v. Charles Randolph Carter
The Defendant, Charles Randolph Carter, appeals the trial court’s revocation of his |
Knox | Court of Criminal Appeals | |
Gabriel Dotson v. State of Tennessee
Petitioner, Gabriel Dotson, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in denying his claim that trial counsel was ineffective by conceding guilt during closing argument against Petitioner’s wishes. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |