Opinions

William H. Lublin v. Vastland Northcrest Development, LLC
M2024-01152-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Anne C. Martin

This matter arises from two failed real estate transactions. A buyer contracted to purchase two townhomes from a real estate developer. However, after the sales failed to close, the developer purported to cancel the transactions. The buyer then sued the developer, seeking decrees for specific performance and damages for breach of contract. The buyer also asserted a claim under the Tennessee Consumer Protection Act. After a bench trial, the trial court entered an order awarding the buyer specific performance but denying his claim for damages. The trial court also found a TCPA violation and awarded the buyer his attorney’s fees and costs. On the breach of contract claim, we have determined that the developer breached the contracts and that the buyer failed to sufficiently prove his damages, and we affirm the trial court’s decision. We also conclude that the trial court erred in finding a TCPA violation and reverse this finding, as well as the award of fees and costs pursuant to the TCPA. Finally, we have determined that the developer was not the prevailing party in the trial court or on appeal and deny its request for an award of attorney’s fees.

State of Tennessee v. Charles Hubert Russell
M2025-00261-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge William A. Lockhart

Defendant, Charles Hubert Russell, was indicted for unlawful possession of a firearm after having been convicted of a felony drug offense. Defendant filed a motion to dismiss the indictment on the grounds that the indicted charge violated the Second Amendment. After the trial court denied the motion, Defendant pled guilty to the indicted charge but reserved the right to appeal a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure pertaining to whether his conviction violated the Second Amendment right to bear arms. After reviewing the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

Poser Investments, Inc. v. Old National Hospitality Company et al.
M2024-00855-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Ben Dean

A judgment creditor domesticated a Georgia judgment in Tennessee under the Uniform Enforcement of Foreign Judgments Act. When the creditor sought to enforce the domesticated judgment, the debtor raised a statute-of-limitations defense. The trial court ruled that the enforcement action was time-barred because the limitations period began to run when the foreign judgment was rendered in Georgia. Upon review, we conclude that domestication of the foreign judgment under the Uniform Act resulted in a new Tennessee judgment for purposes of the statute of limitations. So we reverse the trial court’s decision

JACQUIZ MCBEE v. STATE OF TENNESSEE
E2026-00385-CCA-T10B-CO
Authoring Judge: Judge Tom Greenholtz, Judge Robert H. Montgomery, Jr., Judge Jill Bartee Ayers
Trial Court Judge: Judge Emily F. Abbott

The Defendant, Jacquiz McBee, has filed a petition for recusal appeal seeking review of the Knox County Criminal Court’s January 28, 2026 order denying his motion to recuse. See Tenn. Sup. Ct. R. 10B § 2.02. Following our review of the Defendant’s petition, we have determined that a response from the State is not necessary and summarily deny relief. 

STATE OF TENNESSEE v. JENNIFER LEIGH SEXTON
E2024-01729-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Jennifer Leigh Sexton, was convicted in the Knox County Criminal Court
of vehicular homicide by recklessness, a Class C felony; initiating a false report, a Class D
felony; driving on a suspended license, a Class B misdemeanor; and following too closely,
a Class C misdemeanor, and received an effective sentence of ten years in confinement.
On appeal, the Defendant claims that (1) the trial court abused its discretion by admitting
testimony from the State’s expert because the expert’s method of data collection was
unreliable, (2) the trial court erred by failing to provide the Defendant’s requested special
jury instructions, and (3) the evidence is insufficient to support the conviction of initiating
a false report. Based on our review, we affirm the judgments of the trial court.

KARS LLC ET AL. v. RONALD OGLE ET AL.
E2025-00439-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor John D. McAfee

The plaintiffs sued the defendants alleging breach of contract, breach of the duty of good faith and fair dealing, tortious interference with contract, tortious interference with business relations, fraudulent misrepresentation, unjust enrichment, and civil conspiracy. The trial court dismissed the plaintiffs’ complaint after finding that the plaintiffs failed to timely close on their transactions with the defendants. The plaintiffs appeal. Following thorough review, we affirm in part, reverse in part, vacate in part, and remand the case for further proceedings.

Gail Gottesman v. Todd Hecker, et al.
W2025-00966-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Bruce Griffey

In this matter involving the sale of a parcel of improved real property, the buyer claimed
that the sellers should be held liable for fraudulent misrepresentations regarding the
condition of the property. The trial court granted summary judgment in favor of the sellers,
determining that the presence of an “as-is” clause in the parties’ sales contract precluded
the buyer’s recovery. Upon review, we reverse the trial court’s grant of summary judgment
with respect to the buyer’s claims of fraudulent misrepresentation and fraudulent
concealment as well as her claim based on the Tennessee Residential Property Disclosures
Act. We remand these issues to the trial court for further consideration. We affirm the
trial court’s grant of summary judgment concerning the buyer’s remaining claims and deny
the buyer’s request for reassignment to a different trial court judge upon remand. We also
deny the sellers’ request for an award of attorney’s fees.

IN RE MAGNUS H. ET AL.
E2025-01163-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Timothy E. Irwin

The trial court terminated a father’s parental rights to his five minor children after finding clear and convincing evidence that the father, who was incarcerated when the termination petition was filed, abandoned the children by wanton disregard; the children were victims of severe abuse; the father was confined under a criminal sentence of six years; and termination of the father’s parental rights was in the best interests of the children. The father appeals. Upon diligent review of the record, we find no error and affirm the judgment of the trial court.

Genesis Roofing Company v. Tennessee Occupational Safety and Health Administration Review Commission
M2025-01003-COA-R3-CV
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Jennifer S. Nichols

This appeal arises from a petition for judicial review under Tennessee Code Annotated § 4- 5-322 of a decision of the Tennessee Occupational Safety and Health Administration Review Commission (the “Review Commission”). Asserting that the petition was untimely because it had been filed more than 60 days after entry of the agency’s final order, the Review Commission filed a motion to dismiss for lack of subject-matter jurisdiction under Tennessee Rule of Civil Procedure 12.02(1). The petitioner opposed the motion by asking for an enlargement of time pursuant to Tennessee Rule of Civil Procedure 6.02. The trial court denied the petitioner’s motion for an enlargement of time and granted the Review Commission’s motion to dismiss. The petitioner appeals. Finding no error, we affirm.

State of Tennessee v. Christopher Lee Faulkner
W2025-02107-CCA-R9-CD
Authoring Judge: Judge John W. Campbell, Judge Camille R. McMullen, Judge Matthew J. Wilson
Trial Court Judge: Judge Clayburn Peeples

This matter is before the Court upon the application of the Defendant, Christopher Lee Faulkner, for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9. The Defendant seeks to challenge the trial court’s order denying his motion to suppress evidence seized pursuant to a search warrant. The State has filed a response in opposition to the motion. Based on the following, we deny the Petitioner’s motion for an interlocutory appeal.

Randall L. Rice et al. v. The Tennessee Democratic Executive Committee
M2024-01155-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge C. David Briley

A majority of the members of the State Executive Committee of the Tennessee Democratic Party approved adding unelected “ex-officio members” as full members of the Executive Committee with voting rights. A group of dissenting Executive Committee members brought suit, claiming that the addition of voting members of the Executive Committee in this manner violated statutory provisions governing the composition of state party executive committees, codified at Tennessee Code Annotated section 2-13-101 et seq. In response, the Executive Committee argued the statutory provisions permit adding ex-officio members as full voting members and invoked constitutional avoidance principles in support of the Executive Committee’s interpretation of the statutory scheme. The Executive Committee filed a counterclaim challenging the constitutionality of the statutory scheme based on freedom of association principles. Both parties sought judgment on the pleadings. The trial court granted the Executive Committee’s motion for judgment on pleadings, construing the statutory scheme as permitting the Executive Committee’s actions. Accordingly, the trial court pretermitted the constitutional issue, dismissing the Executive Committee’s counterclaim as moot. The dissenting members appealed. We conclude the trial court erred in its interpretation of the statutory scheme. Accordingly, we reverse and remand for further proceedings.

LEIGHTON H. LIPPERT ET AL. v. B & D REAL ESTATE PROPERTIES, LLC
E2024-01676-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor J. Michael Sharp

A developer failed to use proper erosion control measures, resulting in recurring sediment runoff into a pond owned by neighboring landowners and increasing accumulation of sediment therein. The trial court concluded that developer’s actions constituted a temporary, not permanent, nuisance and awarded injunctive relief and damages. Damages for emotional distress were included among the damages the trial court awarded. The developer appeals, challenging the trial court’s finding as to proximate causation and asserting that its actions, if a nuisance, were a permanent and not temporary nuisance, and accordingly the landowners’ suit was barred by the statute of limitations. The developer also asserts that the trial court erred as to the remedies awarded, challenging both the injunctive relief and emotional distress damages. We affirm the trial court’s findings as to proximate causation and its conclusion that the nuisance is temporary. We also affirm the trial court’s imposition of an injunction. However, we reverse the award of damages for emotional distress based upon deficient pleading.

Tennessee Farmers Mutual Insurance Company, et al. v. Virginia Jones
W2024-01418-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Carol J. Chumney

The defendant was involved in a motor vehicle collision with a tractor-trailer truck in
another state. The insurance company that insured both the truck and the trailer filed a
lawsuit in the Shelby County circuit court based on negligence. The defendant filed a
motion to dismiss for improper venue pursuant to Tennessee Rule of Civil Procedure
12.02(3). The trial court held that the terms of Tennessee Code Annotated section 20-4-
101(a) did not provide for venue in Shelby County because the action did not arise there
and the defendant did not reside there. The insurance company appeals. We affirm.

State of Tennessee v. Jonathan Abernathy
M2026-00332-CCA-R9-CO
Authoring Judge: Judge Timothy L. Easter; Presiding Judge Robert W. Wedemeyer; Judge Jill Bartee Ayers

This matter is before the Court upon application of the Defendant, Jonathan Abernathy, for permission to pursue an interlocutory appeal. Tenn. R. App. P. 9. The State has filed a response in opposition. The Defendant seeks review of the trial court’s order denying his motion to suppress evidence. Upon full consideration, the application is denied for the reasons stated below.

State of Tennessee v. Gerald Elijah Crossley
W2024-00280-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

Defendant, Gerald Elijah Crossley, challenges his Madison County Circuit Court jury convictions of first degree murder, attempted first degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony, arguing that the trial court erred by admitting evidence of Defendant’s alleged gang affiliation and expert testimony about gang-related activities and that the evidence was insufficient to establish his identity as the perpetrator. Because we conclude that the trial court did not err in admitting the challenged evidence and that the evidence was sufficient to support Defendant’s convictions, we affirm the judgments of the trial court.

STATE OF TENNESSEE v. AMANDA JEAN PHILLIPS
E2025-00327-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Amanda Jean Phillips, was convicted by a Scott County jury of aggravated
assault with a deadly weapon, a Class C felony; two counts of especially aggravated
kidnapping, a Class A felony; two counts of aggravated child neglect of a child eight years
of age or less, a Class A felony; and carjacking, a Class B felony. The trial court sentenced
the Defendant to four years for the aggravated assault conviction, twenty years for each of
the especially aggravated kidnapping convictions, twenty years for each of the aggravated
child neglect convictions, and ten years for the carjacking conviction. Finding the
Defendant to be a dangerous offender, the trial court ordered partial consecutive sentences
for an effective total sentence of thirty years at 100% service in the Tennessee Department
of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in
support of her aggravated child neglect convictions and argues that the trial court erred by
not considering a mandatory mitigating factor in imposing her especially aggravated
kidnapping sentences and by classifying her as a dangerous offender under the consecutive
sentencing statute. We conclude that the evidence is sufficient to support the Defendant’s
convictions for aggravated child neglect and that the trial court did not err in its application
of enhancement and mitigating factors but failed to make adequate findings in support of
consecutive sentencing under the dangerous offender criterion of the consecutive
sentencing statute. However, upon de novo review, we conclude that the record supports
the imposition of consecutive sentences based on the Defendant’s having committed the
offenses while she was on probation. Accordingly, we affirm the Defendant’s convictions
and the sentences imposed by the trial court.

James Hawkins v. State of Tennessee
W2025-01934-CCA-T10B-CO
Authoring Judge: Presiding Judge Robert W. Wedemeyer, Judge Camille R. McMullen, Judge Matthew J. Wilson
Trial Court Judge: Judge Chris Craft

This matter is before the Court upon the Appellant’s petition for an accelerated interlocutory appeal pursuant to Tennessee Supreme Court Rule 10B, § 2. The Appellant asks this Court to review the post-conviction court’s November 14, 2025 order denying his motion to recuse Judge Chris Craft from his capital post-conviction proceeding. The State has filed a response in opposition to the petition. Having reviewed the petition, the supporting documents, and the State’s response, this Court has determined that additional briefing and oral argument are unnecessary. See Tenn. Sup. Ct. R. 10B, § 2.05, 2.06. For the reasons set forth below, the post-conviction court’s order is hereby AFFIRMED.

State of Tennessee v. Martha Jane Durocher
M2024-01290-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David L. Allen

Defendant, Martha Jane Durocher, was indicted by the Maury County Grand Jury for reckless endangerment with a weapon. Defendant was convicted as charged after a bench trial, and the trial court imposed a two-year sentence to be suspended on probation. Defendant appeals, arguing the evidence at trial was insufficient. Because the evidence does not establish that Defendant’s conduct placed any person or persons in imminent danger of serious bodily injury or death, we reverse and vacate her conviction for felony reckless endangerment with a weapon.

TED PHILLIPS ET AL. v. NATIONAL AGGREGATES LLC ET AL.
E2024-01492-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor John D. McAfee

The plaintiffs appeal from the trial court’s dismissal of their claims against two sets of
defendants. We now affirm, holding that this court does not have jurisdiction to consider
the appeal filed more than 30 days from the entry of the final orders appealed from. We
also affirm the dismissal of a counter-complaint filed against the plaintiffs.

IN RE CHARLEE G. ET AL
E2025-01010-COA-R3-PT
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor J. Michael Sharp

This action involves the termination of a mother’s parental rights to her minor children. Following a bench trial, the court found that clear and convincing evidence established several grounds of termination and that termination was in the best interest of the children. We now affirm.

KELLY LISH, ET AL. v. O. RAYMOND LOWRY, ET AL.
E2025-00364-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Douglas T. Jenkins

This breach of contract case involves a partnership dispute where one partner who undertook the winding down of the long-term partnership sought (1) reimbursement of loans and advances made to cover partnership expenses together with interest thereon; (2) compensation for services rendered on behalf of the partnership and attorney fees; and (3) taking into account the foregoing, disbursement of partnership funds to the partners. The other two partners disputed the claims and made counterclaims. Because we cannot ascertain whether the trial court’s findings of fact and conclusions of law support the judgment, we vacate the judgment and remand it for the entry of a more detailed order that reflects that it is the product of the trial court’s individualized decision-making and independent judgment.

Randy Arnold v. Kamilah Sanders
M2024-01410-COA-R3-JV
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Sheila Calloway

This appeal arises from a modification of a Permanent Parenting Plan (“PPP”), pursuant to which Randy Arnold, (“Father”) replaced Kamilah Sanders, (“Mother”), as the primary residential parent of the parties’ only child. Mother timely filed a Motion to Review the decision of the juvenile court magistrate pursuant to Tennessee Code Annotated § 37-1- 107, which motion the juvenile court judge denied. This appeal followed. We affirm the ruling of the juvenile court and remand with instructions to set child support.

Shun M. Ramey v. State of Tennessee
M2025-01211-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Brody N. Kane

The Petitioner, Shun M. Ramey, acting pro se, appeals the Wilson County Criminal Court’s order summarily dismissing his petition for post-conviction relief as untimely. After review, we affirm.

OCOEE RIDGE PHASE I HOMEOWNERS’ ASSOCIATION, LLC v. DOMINIC CUSUMANO ET AL.
E2025-01194-COA-R3-CV
Authoring Judge: JOHN W. MCCLARTY, P.J., E.S.; THOMAS R. FRIERSON, II, J.; AND KRISTI M. DAVIS, J.
Trial Court Judge: Chancellor Jerri S. Bryant

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

ANTHONY D. WALSH V. TIMOTHY ALLEN WALSH
E2025-00791-COA-R3-CV
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Chancellor Daniel Forrester

In this case, two brothers accused each other of exerting undue influence on their aging mother, Latona Joyce Walsh. Timothy Walsh (“Defendant”) alleged that his brother Anthony Walsh (“Plaintiff”) had exerted undue influence over Ms. Walsh, resulting in her deeding her home to him, naming him as the executor of her estate, and placing his name on her bank accounts approximately four years before her death. Shortly before her death, Ms. Walsh made Defendant her attorney-in-fact and Plaintiff’s name was removed from her accounts. Plaintiff filed a complaint alleging that Defendant had exerted undue influence over Ms. Walsh, and Defendant filed a counterclaim against Plaintiff for undue influence. Ms. Walsh died two days later. The Chancery Court for Anderson County (“the Trial Court”) found that both sons had exerted undue influence over their mother but that Defendant had not dissipated any of her assets, unlike Plaintiff. The Trial Court accordingly ordered that Ms. Walsh’s home was part of her estate and was to be distributed by the terms of her 1991 will. The Trial Court further credited Plaintiff with receiving $49,000 in rental income from renting his mother’s home after her death. Plaintiff appeals the Trial Court’s finding of undue influence. Based upon our review, we affirm.