In Re Antonio P. et al.
M2023-01260-COA-R3-PT
The trial court terminated a mother’s parental rights to two of her minor children on the grounds of abandonment by failure to visit, substantial noncompliance with the permanency plans, persistent conditions, and failure to manifest an ability and willingness to assume custody or financial responsibility of the children. We affirm the trial court’s ruling on all grounds. We also conclude that terminating the mother’s parental rights is in the children’s best interests and affirm the trial court’s ultimate ruling.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Sheila Calloway |
Davidson County | Court of Appeals | 07/05/24 | |
Rimon Abdou v. Wesley Ben Clark Et Al.
M2023-01461-COA-R3-CV
In this legal-malpractice case, the trial court granted Appellees’/Attorneys’ Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim. Appellant/Client appeals. Discerning no error, we affirm and remand.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/03/24 | |
Teofila H. Mocny v. Ronald G. Mocny
M2023-00737-COA-R3-CV
This is an appeal of a divorce case. Although we affirm in part and reverse in part, we also vacate several aspects of the trial court’s judgment for the reasons stated herein and remand for further proceedings consistent with this Opinion.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge M. Caleb Bayless |
Lawrence County | Court of Appeals | 07/03/24 | |
Christine Christopher v. Walmart Associates, Inc.
E2023-01078-COA-R3-CV
A plaintiff sued a grocery store for premises liability, and the case was tried by a jury in June of 2023. The jury
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Kyle E. Hedrick |
Hamilton County | Court of Appeals | 07/03/24 | |
Brett Thomas Ferguson v. Lucy Maria Traughber
M2023-01052-COA-R3-JV
The trial court granted Appellee/Father’s petition to change his son’s surname from Appellant/Mother’s surname to Father’s. Mother appeals. Because Father did not carry his burden of proof to demonstrate that changing the child’s name is in the child’s best interest, we reverse and remand.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Joel Perry |
Robertson County | Court of Appeals | 07/02/24 | |
In Re Estate of William Rucker
M2023-01120-COA-R3-CV
Following the Decedent’s death, no original will could be found. One of his daughters filed a petition to administer a copy of a lost will, which the trial court granted. We reverse, concluding the evidence does not overcome the strong presumption in favor of revocation of the lost will.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Amanda J. McClendon |
Davidson County | Court of Appeals | 07/02/24 | |
Tina M. Vasudeva v. Kathie Barker
M2023-01121-COA-R3-CV
The trial court granted Appellee’s motion for extension of an order of protection against
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Larry B. Stanley, Jr. |
Warren County | Court of Appeals | 07/02/24 | |
F. W. White & Associates, LLC Et Al. v. John R. Chilton Et Al.
E2023-00414-COA-R3-COA-CV
This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Senior Judge Don R. Ash |
Court of Appeals | 07/02/24 | ||
Kathleen Nell Snapp v. Timothy Alva Snapp
E2023-00251-COA-R3-CV
In this divorce appeal, the husband challenges the trial court’s classification of real estate as marital property and
Authoring Judge: Judge John McClarty
Originating Judge:Chancellor Katherine Leigh Priester |
Sullivan County | Court of Appeals | 06/28/24 | |
Rebecca Byrd v. Clarksville-Montgomery County School System
M2023-01210-COA-R3-CV
A tenured teacher sought judicial review of her reprimand and one-day suspension. The chancery court modified the discipline imposed by the director of schools. Because we conclude that the teacher did not timely petition for judicial review, we vacate the judgment with instructions to dismiss for lack of subject matter jurisdiction.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Ben Dean |
Montgomery County | Court of Appeals | 06/28/24 | |
James R. Tarwater v. Hardik Patel Et Al.
E2024-00043-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment,
Authoring Judge: Per Curiam
Originating Judge:Chancellor James H. Ripley |
Sevier County | Court of Appeals | 06/27/24 | |
Loring Justice v. Kim Nelson Et Al.
E2023-00407-COA-R3-CV
Loring Justice (“Justice”) filed a complaint against Kim Nelson (“Nelson”); David Valone (“Valone”) and the Law
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Melissa Thomas Willis |
Knox County | Court of Appeals | 06/26/24 | |
Christopher Hinds Et Al. v. Patsy Selman Oliver Et Al.
E2023-00137-COA-R3-CV
This case involves a dispute over recovery under the Tennessee uninsured/underinsured motorist statutory scheme. The plaintiffs initiated a lawsuit against the defendant driver and served notice on their own insurance carrier. The plaintiffs also served notice on the insurance carrier covering the borrowed vehicle that the plaintiffs had been utilizing when the accident occurred. The plaintiffs’ insurer entered into a settlement with the plaintiffs for $50,000 each, an amount that equaled the policy limit of the uninsured motorist coverage provided in the policy covering the borrowed vehicle. The defendant driver’s insurer also entered into a settlement with the plaintiffs, paying them $30,000 each. The uninsured motorist carrier covering the borrowed vehicle filed a motion for summary judgment. Following a hearing, the trial court granted summary judgment in favor of the insurance carrier upon concluding that Tennessee Code Annotated § 56-7-1201(b)(3)(D) and the policy covering the borrowed vehicle limited the plaintiffs’ recovery via judgment to an amount no greater than the policy providing the highest limits of uninsured motorist coverage. Plaintiffs have appealed.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge L. Marie Williams |
Hamilton County | Court of Appeals | 06/26/24 | |
In Re Remington C., Et Al.
M2023-00983-COA-R3-PT
In this parental termination case, the paternal grandparents filed a petition to terminate the
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Larry B. Stanley, Jr. |
Warren County | Court of Appeals | 06/25/24 | |
John David Ruff v. Vanderbilt University Medical Center
M2022-01414-COA-R3-CV
The plaintiff filed a health care liability action without a certificate of good faith. When the defendant moved to dismiss, the plaintiff asserted that the certificate was unnecessary because the common knowledge exception applied. He also contended that his noncompliance should be excused based on the defendant’s failure to timely provide medical records and/or for extraordinary cause. The trial court rejected the plaintiff’s arguments and dismissed the action with prejudice. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Court of Appeals | 06/25/24 | |
Delvon Paden v. Kyrstyen Davison
M2023-00240-COA-R3-JV
The trial court entered a permanent parenting plan in 2014 that governed the parties’ custody arrangement for nine years. In 2022, the child’s father petitioned the juvenile court for a modification of the parenting plan. During the pendency of the modification petition, he also filed a motion for a restraining order to prevent the child’s mother from removing the parties’ daughter from his custody, which was granted. After a hearing on the modification petition, the court found a material change in circumstances had occurred warranting modification and that modification of the custody arrangement was in the child’s best interest. We affirm.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Timothy K. Barnes |
Montgomery County | Court of Appeals | 06/25/24 | |
Hope Federal Credit Union v. Jenifer Griffin v. Allstate Corporation ET AL.
W2023-00310-COA-R3-CV
This appeal concerns a dispute over insurance coverage. After a fire loss, the insured brought a breach of contract claim against her insurer. The insurer subsequently filed a motion for summary judgment. The trial court awarded summary judgment to the insurer, finding that the insured was not entitled to coverage for additional living expenses because she did not have an insurable interest in the property and that the insured’s contents coverage claim was precluded under the doctrine of judicial estoppel. The insured appeals. We reverse and remand.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Rhynette N. Hurd |
Shelby County | Court of Appeals | 06/25/24 | |
Rodney N. Washington v. Music City Autoplex, LLC
M2023-00286-COA-R3-CV
This is an appeal from a trial court’s dismissal of a complaint for race discrimination for failure to state a claim. For the following reasons, we affirm the decision of the circuit court.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Amanda J. McClendon |
Davidson County | Court of Appeals | 06/25/24 | |
Angel Aguilar ET AL v. Eads Auto Sales
W2023-00914-COA-R3-CV
In an appeal from a general sessions court judgment, the trial court awarded the plaintiffs compensatory damages for a misrepresentation by a car dealer, declined to award treble damages, and awarded the plaintiffs only a portion of their attorney’s fees. Both parties appeal. We vacate the denial of treble damages, but otherwise affirm the decision of the trial court.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Gina C. Higgins |
Shelby County | Court of Appeals | 06/24/24 | |
Donald Douglas Wright v. Angel Sims Wright
M2023-01134-COA-R3-CV
In this post-divorce dispute over child support, the mother has appealed an order striking her pleadings and granting the father a default judgment as to his counter-petition. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment.
Authoring Judge: PER CURIAM
Originating Judge:Judge Phillip R. Robinson |
Davidson County | Court of Appeals | 06/24/24 | |
Michael Frisbey Et Al. v. Salem Pointe Capital, LLC Et Al.
E2023-01233-COA-R3-CV
The company holding developer’s rights to a subdivision and the company’s principal member used the developer’s rights to unilaterally remove a board member from the board of the subdivision’s homeowners’ association. The aggrieved board member and his wife filed suit, asking for an injunction allowing the plaintiff to remain a board member. The trial court granted the plaintiff’s request for a temporary injunction and later held that the defendant company lacked the authority to remove the plaintiff as a board member. The trial court reasoned that the bylaw on which the company relied in removing the board member was contrary to state law and improper. Defendants appealed to this Court. We reverse in part and affirm in part, affirming the trial court’s ultimate ruling that the plaintiff is entitled to his seat on the homeowners’ association board.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor Jerri Bryant |
Monroe County | Court of Appeals | 06/24/24 | |
Roger Glen Vincent v. Deborah Lynn Vincent
M2023-01116-COA-R3-CV
In this divorce action, the wife contends that the trial court inequitably divided the parties’
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Adrienne Gilliam Fry |
Robertson County | Court of Appeals | 06/24/24 | |
James V. Holleman v. Barbara J. Holleman
E2022-01396-COA-R3-CV
After many years of contentious post-divorce litigation, the trial court ordered the court clerk’s office to distribute property-sale proceeds to the parties. The trial court also ordered that the wife’s portion of the sale proceeds be taxed in an amount sufficient to satisfy a previous sanctions award against the wife and an award of attorney’s fees to the husband. The wife appeals to this Court. Discerning no error, we affirm.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor Clarence E. Pridemore, Jr. |
Knox County | Court of Appeals | 06/21/24 | |
Hollie Cherry v. Lori Christine Moss, et al.
W2023-00146-COA-R3-JV
Grandmother appeals the denial of her petition for grandparent visitation, arguing that the trial court failed to apply the presumption of irreparable harm contained in Tennessee Code Annotated section 36-6-306(a)(5). Because Grandmother never asked the trial court to apply a rebuttable presumption of harm, we affirm.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Special Judge W. Ray Glasgow |
Shelby County | Court of Appeals | 06/20/24 | |
Leslie Burke et al. v. Department of Children's Services
E2023-00904-COA-R3-CV
This is a child custody matter involving the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. § 36-6-201, et seq. (“the UCCJEA”). Leslie Burke and Melissa Burke (“the Burkes”) received temporary custody pending adoption of the minor child Jane Doe (“the Child”) from an Indiana court (“the Indiana Court”). The Burkes then brought the Child to Tennessee. The Tennessee Department of Children’s Services (“DCS”) later filed a dependency and neglect action in the Juvenile Court for Greene County (“the Juvenile Court”). DCS alleged that the Child disclosed having been sexually abused in previous adoptive homes, and that the Burkes were not cooperating with individual therapy for the Child. The Juvenile Court ordered the Child’s removal into DCS custody. The Child’s legal parents in Indiana surrendered their parental rights. DCS moved for guardianship of the Child in the Circuit Court for Greene County (“the Circuit Court”), which the Circuit Court granted. The Burkes sued DCS2 in the Circuit Court challenging the legal parents’ surrender of their parental rights and the Circuit Court’s award of full guardianship to DCS. The Burkes and DCS filed motions for summary judgment. The Circuit Court ruled in favor of DCS, dismissing the Burkes’ complaint. The Burkes appeal, arguing that the Circuit Court lacked subject matter jurisdiction even though the Indiana Court expressly ceded jurisdiction to Tennessee. We hold, inter alia, that Indiana relinquished its exclusive, continuing jurisdiction. We affirm
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Douglas T. Jenkins |
Greene County | Court of Appeals | 06/20/24 |