Nancy Mejia v. Samina Wazir
M2024-00365-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Thomas W. Brothers

A homeowner appeals from a jury verdict in a breach of contract action. The homeowner complains of errors in the conduct of the trial, including the exclusion of key evidence. Because the homeowner did not present these issues to the trial court in a motion for a new trial, the issues are waived. And we affirm the judgment.

Davidson Court of Appeals

Cinda Haddon v. Ladarius Vanlier et al.
M2023-01151-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Thomas W. Brothers

A driver was injured in a car accident with an uninsured motorist and filed a negligence suit against the uninsured motorist. The driver served her uninsured motorist insurance carrier with notice of the lawsuit. After the driver could not obtain service of process on the uninsured motorist, the case proceeded against the insurance carrier. The case proceeded to a jury trial, where the jury found in favor of the driver. The trial court entered judgment on the verdict, awarding damages to the driver. The trial court denied the driver’s post-trial motion for prejudgment interest based upon its determination that the suit was a personal injury action and that, therefore, the court could not award prejudgment interest. We have concluded that the trial court erred in classifying the claim against the insurance carrier as a personal injury action. Therefore, we reverse the trial court’s order denying prejudgment interest and remand for a determination of the proper amount of prejudgment interest.

Davidson Court of Appeals

Tennessee Farmers Mutual Insurance Company v. Jacqueline Hall Johnson
M2024-00375-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Joe Thompson

Before taking his own life, the Defendant’s husband shot and killed another individual, resulting in a civil suit brought by the victim’s family.  An insurance company with whom the husband had a policy brought a declaratory judgment action seeking a declaration that the Defendant’s husband’s actions were not covered by the insurance he had obtained.  A sheriff’s deputy tried to serve process.  The Defendant, however, was not home, and the deputy left a contact card.  The Defendant called the deputy, and, after discussion, she instructed the deputy to leave the documents with a particular individual at her home.  The deputy followed these instructions.  The Defendant did not respond to the suit and a default was entered.  Months later, the Defendant, alleging the deputy failed to effectuate valid service of process, sought to have the default set aside.  The trial court disagreed and declined to set aside the default.  The Defendant then asked the trial court to alter its order, asserting for the first time that she was not a proper party to the Company’s suit.  The trial court declined.  The Defendant appealed.  We affirm.

Sumner Court of Appeals

Kalos, LLC v. White House Village, LLC et al.
M2023-01325-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Louis W. Oliver

The trial court granted Appellees’ Tennessee Rule of Civil Procedure 12.03 motion to dismiss Appellant’s lawsuit for unjust enrichment because Appellant did not exhaust its remedies in contract. We affirm.

Sumner Court of Appeals

State of Tennessee v. Latarius Curry
W2023-01789-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Paula L. Skahan

The Shelby County Grand Jury indicted Latarius Curry, Defendant, on one count each of aggravated child abuse and aggravated child neglect. A jury convicted Defendant as charged, and the trial court imposed an effective 22-year sentence. Defendant appeals, arguing that the evidence was insufficient to support his convictions. Having reviewed the entire record and the parties’ briefs, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Danny Royce Murphy
W2023-01332-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Kyle C. Atkins

Danny Royce Murphy, Defendant, was convicted of driving with a canceled, suspended, or revoked license and driving without evidence of financial responsibility after representing himself at trial. The trial court ordered a six-month sentence, with 30 days to serve and the remainder on Community Corrections. Defendant filed several post-trial motions, including a motion for new trial. The trial court denied the motions and this appeal ensued. On appeal, Defendant challenges the sufficiency of the evidence. After a review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

In Re Shacrysta B. Et Al.
E2024-01071-COA-R3-PT
Authoring Judge: Per Curiam
Trial Court Judge: Judge Timothy E. Irwin

This is an appeal from a final order entered on June 6, 2024. The notice of appeal was not filed with the Appellate Court Clerk until July 16, 2024, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

Knox Court of Appeals

Kirsten Williams v. State of Tennessee
W2024-00578-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Donald H. Allen

Kirsten Williams, Petitioner, was convicted of aggravated assault, aggravated kidnapping, and aggravated burglary in a joint trial with a co-defendant. State v. Williams, No. W2021- 01071-CCA-R3-CD, 2022 WL 17728221, at *1 (Tenn. Crim. App. Dec. 16, 2022), no perm. app. filed. Petitioner was sentenced to 15 years in incarceration at 100 percent service rate. Petitioner’s convictions were affirmed on direct appeal. Id. Petitioner sought post-conviction relief based on ineffective assistance of counsel. After a hearing, the postconviction court denied relief. After review, we affirm the judgment of the post-conviction court.

Madison Court of Criminal Appeals

State of Tennessee v. Robert Andrew Dunnivant
E2023-01652-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Robert Andrew Dunnivant, pled guilty to aggravated assault, reckless aggravated assault, and two counts of domestic assault. As part of the plea, the parties agreed that the Defendant would be sentenced to an effective term of ten years but that the trial court would determine the manner of service. Following a sentencing hearing, the trial court denied an alternative sentence and imposed a sentence of full confinement. On appeal, the Defendant argues that the trial court should have granted an alternative sentence. Upon our review, we respectfully affirm the judgments of the trial court.

Knox Court of Criminal Appeals

James L. Davidson et al v. Jeremy Howard Johnson et al.
M2024-00412-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Bonita Jo Atwood

Appellants filed a complaint for declaratory judgment and breach of contract to enforce a purchase and sale agreement, which was allegedly entered by and between Appellants and Appellees. In their answer, Appellees asserted, as an affirmative defense, that Appellants had no standing to enforce the contract because they were not parties to it. On Appellees’ motion for summary judgment, the trial court concluded that Appellants were not parties to the contract and had no standing to bring an action to enforce it. Discerning no error, we affirm.

Rutherford Court of Appeals

In Re Nicholai L. Et Al.
M2023-01796-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Sheila Calloway

A putative father appeals the termination of his parental rights to a child. The juvenile court found clear and convincing evidence of several statutory grounds for termination. It also determined that termination was in the child’s best interest. Following thorough review, we conclude that not all grounds for termination were supported by clear and convincing evidence. Still, we affirm the termination of parental rights.

Davidson Court of Appeals

State of Tennessee v. Forrest Ray Hester
M2023-01312-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Bedford County jury convicted the Defendant, Forrest Ray Hester, of delivery of .5 grams or more of methamphetamine based upon a theory of criminal responsibility, possession of .5 grams or more of methamphetamine with the intent to sell, and possession of .5 grams or more of methamphetamine with the intent to deliver. Following a sentencing hearing, the trial court merged the possession convictions and imposed an effective sentence of sixteen years to be served in confinement. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions and that his co-defendant’s guilty plea to sale/delivery of methamphetamine based on a theory of criminal responsibility precludes the Defendant’s conviction for the same offense based on a theory of criminal responsibility. We affirm the judgments of the trial court.

Bedford Court of Criminal Appeals

Robert Elmore v. Travis Mills Et Al.
E2023-01044-COA-R9-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Rex Henry Ogle

Lonnie Elmore (“Decedent”) died on July 5, 2020, a few weeks after being treated by Travis Mills, CRNA, (“Mills”) an employee of Lakeway Regional Anesthesia Services, PLLC (“Lakeway”) (collectively “Defendants”) and Angelo J. Sorce, M.D., (“Sorce”), an employee of Tennessee Valley Orthopaedics, LLC (“TVO”).1 On July 2, 2021, Robert Elmore, as Executor of the Estate of Lonnie Elmore, (“Plaintiff”) sent pre-suit notice to Defendants. Relying on the 120-day extension provided for by Tenn. Code Ann. § 29- 26-121(c), Plaintiff filed his complaint alleging wrongful death on November 1, 2021, in the Circuit Court for Jefferson County (“the Trial Court”). Defendants filed a motion to dismiss, pursuant to Tennessee Rule of Civil Procedure 12.02(6), claiming that the accrual of Plaintiff’s cause of action arose no later than June 21, 2020, and Plaintiff, accordingly, provided pre-suit notice past the one-year statute of limitations, rendering his complaint untimely. The Trial Court denied Defendants’ motion to dismiss. This interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, followed. Discerning no reversible error, we affirm. 

Jefferson Court of Appeals

Abraham Anderson v. Alice Musick Et Al.
E2024-00249-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

The Plaintiff sought specific performance related to a real estate transaction. The trial court denied relief, concluding that the series of papers introduced by the Plaintiff as a purported real estate contract between the parties did not constitute a valid contract. Furthermore, the trial court concluded that specific performance was inappropriate because the court could not discern the terms of the purported contract. The Plaintiff appeals. We affirm.

Sevier Court of Appeals

Mary Rachel Cayson v. Patrick Cayson
W2023-00943-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Kasey Culbreath

In this divorce, the husband claims the trial court erred in its classification of certain separate property and valuation of certain marital property. The trial court found that the equity held in the marital home attributable to the sale of property owned by the wife prior to the marriage had been transmuted into marital property, but then treated that property as separate despite its initial finding due to what it believed the wife’s intent would have been under an alternative set of circumstances. The husband argues this was improper. The trial court also valued certain marital property, including the home and Wife’s 401(k) retirement account, as of several years prior to the divorce proceedings. The trial court reasoned that the divorce proceedings had been delayed by the husband’s criminal proceedings and subsequent incarceration arising from his theft of funds from the wife during the marriage. Husband filed this appeal. We reverse in part, vacate in part, and remand for further proceedings.

Tipton Court of Appeals

Lakeway Real Estate2, LLC v. ERA Franchise Systems, LLC
E2023-00764-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor James H. Ripley

This appeal arises out of a contract dispute between Lakeway Real Estate2, LLC f/k/a Lakeway Real Estate, LLC (“Lakeway”), and ERA Franchise Systems, LLC f/k/a ERA Franchise Systems, Inc. (“ERA”). Lakeway filed a complaint in the Chancery Court for Jefferson County (the “trial court”) seeking declaratory relief and a ruling that a noncompete provision within a Franchise Agreement (the “Agreement”) is unenforceable as a matter of law. ERA moved to dismiss the complaint, arguing the Venue and Jurisdiction clause (the “Clause”) of the Agreement makes the trial court an improper venue. The trial court granted ERA’s motion to dismiss. Because the Clause, when read in context with no disproportionate emphasis on one portion, provides permissive, but not mandatory, jurisdiction and venue in New Jersey, we reverse.

Jefferson Court of Appeals

Robert Dickerson v. United Medical Transportation, LLC, et al.
W2023-01084-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Mary L. Wagner

After suffering an injury, patient alleged that in-patient facility was negligent in failing to inform medical transportation company of his physical limitations prior to his discharge from the facility. In response to the facility’s summary judgment motion, patient relied on the testimony of an “expert in passenger ground transportation.” The trial court found that issues of fact remained as to patient’s ambulation needs, but granted summary judgment as to standard of care and breach because patient’s expert was not competent to testify under the Tennessee Health Care Liability Act, and the common knowledge exception did not apply. Finding no reversible error, we affirm.

Shelby Court of Appeals

Michael Gersper v. Jonathan Turner
M2022-01136-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement
Trial Court Judge: Judge Kelvin D. Jones

This is an interlocutory appeal pursuant to the Tennessee Public Participation Act (“TPPA”), Tenn. Code Ann. § 20-17-101 to -110, challenging the denial of the petition to dismiss all three claims asserted by the plaintiff. After the defendant filed his TPPA petition, the plaintiff voluntarily dismissed two of his three claims, leaving only his claim for malicious prosecution. While the TPPA petitioner sought to adjudicate all three claims under the TPPA, the trial court ruled that the only remaining issue was whether the plaintiff “has properly plead a claim for malicious prosecution and whether this action should be dismissed pursuant to TPPA.” Following a hearing limited to the malicious prosecution claim, the trial court denied the petition to dismiss without setting forth the reasons for its decision. On appeal, the TPPA petitioner contends he was wrongfully deprived of a decision on his petition concerning the two claims the plaintiff voluntarily dismissed. He also contends the trial court erred in denying his TPPA petition to dismiss the malicious prosecution claim. Relying on the Supreme Court’s most recent ruling in Flade v. City of Shelbyville, ––– S.W.3d ––––, No. M2022-00553-SC-R11-CV, 2024 WL 4448736, at *5 (Tenn. Oct. 9, 2024), we affirm the trial court’s determination that the TPPA petitioner was not entitled to a decision on the two voluntarily dismissed claims. As for the trial court’s denial of the petition to dismiss the remaining claim, malicious prosecution, we have determined that the TPPA petitioner established that the TPPA applies to the claim presented, which shifted to the plaintiff the burden to establish “a prima facie case for each essential element of the claim in the legal action.” See Tenn. Code Ann. § 20-17-105. We have also determined that the plaintiff failed to establish an essential element of his malicious prosecution claim, that the proceeding brought against him by the defendant “terminated in the plaintiff’s favor.” See Mynatt v. Nat’l Treasury Emps. Union, Chapter 39, 669 S.W.3d 741, 746 (Tenn. 2023). Accordingly, we affirm the trial court’s decision to not adjudicate the first two claims after they were voluntarily dismissed but reverse the trial court’s decision denying the TPPA petition to dismiss the malicious prosecution claim and remand with instructions to dismiss that claim. Further, the TPPA states that, “[i]f the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party . . . [c]ourt costs, reasonable attorney’s fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition.” Tenn. Code Ann. § 20-17-107(a), (a)(1). Accordingly, we remand with instructions for the trial court to make the appropriate award as it pertains to the costs and fees incurred in the trial court and on appeal that pertain to the TPPA petitioner’s efforts to dismiss the malicious prosecution claim.

Davidson Court of Appeals

Queshan Brooks v. State of Tennessee
M2024-00198-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Queshan Brooks, appeals the trial court’s summary dismissal of his petition for post-conviction relief. Upon our review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Thomas Dequan Solomon
E2024-00457-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Defendant, Thomas Dequan Solomon, appeals from the judgment of the trial court
revoking his probation and ordering him to serve the balance of his sentence in
confinement. Specifically, the Defendant contends that the trial court erred by basing its
decision merely on proof of alleged criminal conduct prior to the filing of formal charges
and without considering his history of supervision while on probation. After review, we
affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Nathaniel Scott Robinson
E2024-00176-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Nathaniel Scott Robinson, pled guilty to the offense of statutory rape, and the trial court sentenced him to a term of six years. The court suspended the sentence and placed the Defendant on probation. Thereafter, the Defendant was charged with possession of cocaine for resale. After a hearing, the trial court revoked the suspended sentence and ordered the Defendant to serve the six-year sentence in custody. On appeal, the Defendant argues that the trial court should have considered alternatives to fully revoking his suspended sentence. Upon our review, we respectfully affirm the judgment of the trial court.

Knox Court of Criminal Appeals

Howard Jefferson Atkins v. Brian Eller, Warden
E2024-00665-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Lisa N. Rice

Tipton County jury convicted the Petitioner, Howard Jefferson Atkins, of first degree premeditated murder in 2000, and the trial court imposed a life sentence. The Petitioner later applied for a writ of habeas corpus, arguing that the trial court lacked jurisdiction to hear his case because the juvenile court did not make the necessary statutory findings to transfer his case to the circuit court. The habeas corpus court summarily denied the application, finding that the Petitioner failed to state a colorable claim for relief. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

Johnson Court of Criminal Appeals

Roxana Bianca Jordan v. Thomas Kerry Jordan
E2024-01571-COA-T10B-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Michael Pemberton

A pro se litigant sought to appeal the trial court’s denial of a recusal motion. She did not follow the requirements of Tennessee Supreme Court Rule 10B, Section 2.03. Therefore, we dismiss the case.

Roane Court of Appeals

Foothills Land Conservancy v. Creekside Estates Partnership Et Al.
E2023-01647-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor John F. Weaver

This case involves dueling declaratory judgment actions arising out of a deed of conservation easement dated December 31, 2007, encumbering property located within the Town of Farragut in Knox County. The trial court found in favor of Foothills Land Conservancy and awarded the nonprofit its damages, expenses, and attorneys’ fees. Upon review, we affirm.

Knox Court of Appeals

Lorenzo C. White, et al. v. Carolyn Fields Hayes, et al.
W2021-01345-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor William C. Cole

This appeal concerns the estate of Dr. Hillery W. Key (“Dr. Key”), who died testate in 1912. These proceedings began in 1998 in the Chancery Court for Tipton County (“the Trial Court”). The parties are descendants of Dr. Key. Odessa Rose and Marilyn Locke (“Plaintiffs,” collectively) advocate a per capita distribution of Dr. Key’s estate. Carolyn Fields Hayes and Frederick Fields (“Hayes Defendants,” collectively) and Larry Murrell, Jr., Joyce A. Carter, Dorethea McIntyre, and Lynnie Higgs (“Murrell Defendants,” collectively) (“Defendants,” all defendants together) assert that this Court, in a 2005 opinion, already decided upon a per stirpes distribution. The parties reached an agreement on the record in open court ostensibly ending this long-running matter, but Plaintiffs have appealed anyway. Defendants filed motions to dismiss. We hold, inter alia, that Plaintiffs are bound by the agreement announced in court whereby the parties waived their right to appeal. We hold further that the law of the case doctrine prevents Plaintiffs from relitigating the distribution of Dr. Key’s estate. We affirm. Defendants’ motions to dismiss are denied as moot. We find this appeal frivolous, and remand for the Trial Court to award Defendants reasonable attorney’s fees and expenses under Tenn. Code Ann. § 27-1-122, to be paid by Plaintiffs rather than from the common fund in this case.

Tipton Court of Appeals