Opinions

James Gant v. Kenneth Broadway, County Executive and Chmn of the Decatur County Commission, et al.
02A01-9701-CH-00007
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor J. Walton West

Petitioner, James Edward Gant, appeals the judgment of the chancery court denying his application for a beer permit.

April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.
02S01-9509-CV-00074
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge James M. Tharpe

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting
03S01-9804-CV-00034
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Earle G. Murphy

It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.

State of Tennessee v. Gussie Willis Vann - Dissenting
03S01-9706-CR-00068
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge R. Steven Bebb

I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent.

Daniel B. Taylor v. Donal Campbell, et al.
M1998-00913-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.

This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.

Mina Woods and Robert Woods v. World Truck Transfer, Inc. and Edward J. Seigham
M1997-00068-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By the time the plaintiff provided another summons acceptable to the clerk, the time for filing the complaint and the summons had elapsed. Accordingly, on motion of one of the defendants, the Circuit Court for Davidson County dismissed the personal injury claim because it was time-barred. We have determined that the clerk’s office exceeded its authority when it declined to accept and file the summons and, therefore, that the trial court erred by dismissing the complaint. Accordingly, we vacate the order dismissing the personal injury claims and remand the case for further proceedings.

01C01-9508-CC-00257
01C01-9508-CC-00257

Trial Court Judge: J. S. Daniel

Lesa Johnson v. South Central Human Resource Agency, Roy Tipps, Executive Director, and John Ed Underwood, Jr., Deputy Director
01A01-9503-CH-00104
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Tyrus H. Cobb

This is an action pursued by the appellant, Lesa Johnson (Johnson), for the alleged wrongful termination of her employment with South Central Human Resource Agency (SCHRA). The Chancery Court for Bedford County dismissed the complaint upon motion of the appellees, SCHRA, and its executive and deputy directors, Roy Tipps and John Ed Underwood, Jr., respectively.

David John Erdly v. Janene Marie Erdly - Concurring
01A01-9706-CH-00269

Trial Court Judge: H. Denmark Bell

The plaintiff, David John Erdly, has appealed from the judgment of the Trial Court dismissing his suit for divorce, dividing the marital estate, awarding plaintiff child custody and support and awarding the defendant, Janene Marie Erdly, alimony for the remainder of her life.

Knight vs. Knight
01A01-9710-CV-00609

ROAR NORMANN RONNING v. LESLEY ANNE RONNING
E2024-00437-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor John D. McAfee

This appeal concerns divorce related issues including property division, alimony, and child custody. Roar Normann Ronning (“Father”) sued Lesley Anne Ronning (“Mother”) for divorce in the Circuit Court for Claiborne County (“the Trial Court”). The parties have a minor daughter, Freya (“the Child”). Over the course of multiple hearings, the Trial Court granted the parties a divorce and ultimately approved a parenting plan whereby Mother was named primary residential parent and received more parenting time with the Child than Father. One of the relevant factors in the child custody determination was Father’s career as a commercial airline pilot, which means he has a varied schedule. Father appeals, arguing among other things that the Trial Court erred in designating Mother primary residential parent, granting Mother more time with the Child than Father, and granting Mother major decision-making authority. Mother raises separate issues, including whether this appeal is frivolous. We find, inter alia, that the Trial Court did not abuse its discretion in making its custody determination. We find no reversible error in the Trial Court’s judgment. Mother’s separate issues are without merit. We affirm.

IN RE ESTATE OF NANN-ALIX WICKWIRE-MAGRILL
E2024-00934-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor J. Eddie Lauderback

The trial court dismissed a will contest based upon the plaintiff’s failure to state a claim for which relief could be granted pursuant to Rule 12.02(6) and awarded the defendant attorney’s fees pursuant to Tennessee Code Annotated § 20-12-119(c). Plaintiff appeals. Discerning no error, we affirm.

WELFT, LLC v. Larry Elrod Et Al.
M2024-00489-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor J. B. Cox

This appeal arises out of a dispute over commercial real property. The appellees have moved to dismiss the appeal as untimely. Because the appellants did not file their notice of appeal within the time permitted by Tennessee Rule of Appellate Procedure 4, we dismiss the appeal.

Steven Totty v. The Tennessee Department of Correction and the State of Tennessee
01A01-9504-CV-00139
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1

01C01-9606-CR-00230
01C01-9606-CR-00230

Tamara E. Lowe, Administrator of the Estate of Terry Allen Lowe, Deceased, v. Gransville Simpson, and wife, Judy Simpson
X2010-0000-XX-X00-XX
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Russell E. Simmons, Jr.

This is a wrongful death action. On April 28, 1998, Cynthia Low Armes ("Sister"), the sister of the late Terry Allen Lowe ("decedent"), instituted this action against Granville Simpson ("Granville") and his wife, Judy Simpson ("Judy"), (collectively, "the Simpsons"), alleging that the Simpsons were negligent in allowing three men, including Granville, to go armed on the Simpson's premises on December 10, 1995, and that their negligence directly contributed to the shooting death of the decedent. The trial court granted the Simpsons summary judgment on the ground that the complain was not filed within the applicable one-year statute of limitations. Sister appeals, raising the following issue for our consideration: Did the trial court err in holding that Sister was aware of the injury and the cause of action on December 10, 1995, and therefore her action was barred by the statute of limitations?

M2001-01866-CCA-R3-DD
M2001-01866-CCA-R3-DD

State of Tennessee v. Curtis Colston

In re Conservatorship of Bill Bartlett

This is a conservatorship case. Appellee hospital filed a petition for appointment of an expedited limited healthcare fiduciary for the Appellant patient because the hospital believed that Appellant could not be safely discharged without assistance. The trial court determined that the appointment of a limited healthcare fiduciary was appropriate and in the Appellant’s best interest. The trial court then granted Appellee’s motion to amend its petition to include the appointment of a conservator. The trial court found that Appellant is an individual with disabilities, and further found that it is in the Appellant’s best interest to have a conservator appointed. Appellant appeals. Discerning no error, we affirm and remand.
 

State of Tennessee v. John Henry Pruitt

Marlon Yarbro v. State of Tennessee

Earl Ray Hancock, Et Al. v. Danny J. Brown, Et Al.

Denver Joe McMath, Jr. v. State of Tennessee

The petitioner, Denver Joe McMath, Jr., appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Jaselyn Grant v. State of Tennessee
W2022-01453-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Chris Craft

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
which petition challenged her convictions of second degree murder, reckless
endangerment, and aggravated assault, alleging that she was deprived of effective
assistance of counsel at trial. Because the petitioner has failed to establish that she is
entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

In Re Klowii W., Et Al.
E2022-01789-COA-R3-PT
Authoring Judge: Judge D. Michael Swiney, C.J.
Trial Court Judge: Judge Timothy E. Irwin

This is a parental rights termination case. The Tennessee Department of Children’s
Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile
Court”) seeking to terminate the parental rights of Trent W. (“Father”) to his minor children
Klowii W. and Mariah W. (collectively, “the Children”). After a hearing, the Juvenile
Court entered an order terminating Father’s parental rights to the Children. The Juvenile
Court found by clear and convincing evidence that DCS had proven the grounds of
abandonment by failure to provide a suitable home, substantial noncompliance with the
permanency plans, persistent conditions, and failure to manifest an ability and willingness
to assume custody. The Juvenile Court also found by clear and convincing evidence that
termination of Father’s parental rights is in the Children’s best interest. Father appeals,
arguing that DCS failed to prove either grounds or best interest. We find that all four
grounds found by the Juvenile Court were proven by the requisite clear and convincing
evidence. We further find by clear and convincing evidence, as did the Juvenile Court, that
termination of Father’s parental rights is in the Children’s best interest. We affirm.