Opinions

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.

In Re Zoey O. Et Al.
E2022-00500-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Timothy E. Irwin

Mother appeals the trial court’s termination of her parental rights as to her two oldest
children. As grounds for termination the trial court found abandonment for failure to
provide a suitable home, substantial noncompliance with the permanency plan, persistent
conditions, severe child abuse, and failure to manifest a willingness and ability to assume
custody. The trial court also found that termination was in the best interest of both children.
We find that clear and convincing evidence supports the trial court’s findings as to the
grounds for termination and the best interests of the children. Accordingly, we affirm the
trial court’s judgment.

State of Tennessee v. Ricky Anderson
W2022-00452-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Glenn Ivy Wright

Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
degree premeditated murder, for which he received concurrent life sentences. Defendant
contends that the evidence presented at trial was insufficient to support his convictions and
that the trial court abused its discretion in admitting photographs of one of the deceased
victims. Following a thorough review, we affirm the judgments of the trial court.

Kristina Cole v. State of Tennessee
W2022-01245-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

Petitioner, Kristina Cole, appeals the denial of post-conviction relief from her Shelby
County convictions for two counts of conspiracy to possess 300 grams or more of
methamphetamine with the intent to sell or deliver in a drug-free zone and two counts of
possession of 300 grams or more of methamphetamine with intent to sell or deliver in a
drug-free zone. Petitioner contends that she was denied the effective assistance of counsel
based upon counsel’s failure to: (1) object to irrelevant and prejudicial text messages
introduced at trial; (2) file a Bruton motion; (3) contest that Petitioner tracked the package
containing the methamphetamine; (4) adequately prepare for trial; (5) object when the State
argued that Petitioner’s silence implied guilt; (6) object when the prosecutor “testified
during closing argument in order to bolster his own credibility”; and (7) object when the
prosecutor intentionally misrepresented evidence during closing argument. Petitioner
further asserts that she is entitled to relief based on cumulative error. Following a thorough
review, we affirm the judgment of the post-conviction court.

Sarah Berl v. Thomas Berl
M2023-00558-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Deanna B. Johnson

This appeal stems from a post-divorce custody modification in which the father sought increased parenting time with his minor daughter, I.B. The trial court agreed with the father that a material change in circumstances had occurred and that a modification of the father’s parenting time was warranted. The trial court also awarded the father $15,000.00, or roughly half, of his attorney’s fees incurred in the trial court proceedings. The mother appeals the trial court’s decision. Because the father was, for the most part, the prevailing party at trial and proceeded in good faith, the trial court did not abuse its discretion in awarding the father a portion of his attorney’s fees. We affirm the trial court’s ruling as to attorney’s fees. However, we vacate the portion of the trial court’s final judgment placing a price cap on the minor child’s therapy fees. Consequently, the trial court’s judgment is affirmed as modified. Finally, we decline to award either party their attorney’s fees incurred on appeal.

State of Tennessee v. Tony Dale Crass

The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving under the influence (DUI), DUI per se, and possession of a firearm while under the influence. Defendant moved to suppress the evidence, arguing that the State did not have probable cause or reasonable suspicion for the traffic stop and that video evidence of Defendant’s driving was erased and deleted as a result of a malfunctioning recording system in Tennessee Highway Patrol (THP) Trooper Joey Story’s patrol car. The trial court concluded that the loss of video evidence constituted a violation of the State’s duty to preserve potentially exculpatory evidence recognized in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and deprived Defendant of the right to a fair trial. The trial court granted the motion to suppress and dismissed the indictment, and the State appealed. We conclude that the video was not lost or destroyed by the State, (2) that a Ferguson violation is not applicable to a suppression hearing based on reasonable suspicion or probable cause for a traffic stop, (3) that the trial court misapplied the “degree of negligence” Ferguson factor by equating perceived public policy decisions on the part of the State to negligence, and (4) that Defendant’s right to a fair trial can be protected without dismissal of the indictment. We reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings.

Pruett Enterprises, Inc., v. The Hartford Steam Boiler Inspection and Insurance, Co.
03A01-9609-CH-00309
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Howard N. Peoples

This non-jury case involves the interpretation of a commercial insurance policy (“the policy”) issued by The Hartford Steam Boiler Inspection and Insurance Company (Hartford) to Pruett Enterprises, Inc. (Pruett). Pruett, the owner and operator of a chain of grocery stores in Hamilton County, sued Hartford under the policy for “spoilage losses to various perishable items [caused] when electrical power to [two of Pruett’s] grocery stores was interrupted as a result of a heavy snow blizzard [on or about March 13, 1993].” Each of the parties filed a motion for summary judgment. Based upon the parties’ stipulation of facts, the trial court granted Hartford partial summary judgment, finding that the loss at 6925 Middle Valley Road, Hixson (“Middle Valley Store”) was not covered by the policy. As to the loss at Pruett’s store at 3936 Ringgold Road, East Ridge (“Ringgold Road Store”), the trial court found a genuine issue of fact and denied Hartford’s motion.

State of Tennessee v. Jacob A. Smith
E2023-01065-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful
possession of a weapon by a convicted felon, challenging the trial court’s denial of his
motion to continue his trial to attain the assistance of an expert witness. Because the
defendant’s motion for new trial was untimely filed and because we decline to waive the
untimeliness of the defendant’s notice of appeal, we dismiss the appeal.

Kim Williams v. The Lewis Preservation Trust
E2023-00085-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Melissa Thomas Willis

This is a negligent misrepresentation action in which the plaintiff filed suit against the
attorney responsible for transferring her mother’s assets into an irrevocable trust. The
plaintiff alleged that she approved the transfer because she was erroneously advised that
the terms of the irrevocable trust would require distribution upon her mother’s passing.
The trial court granted summary judgment dismissal in favor of the defendant attorney.
We affirm.