APPELLATE COURT OPINIONS

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Alton F. Dixon v. Nike, Inc.

02A01-9702-CH-00049

Plaintiff, Alton F. Dixon, appeals the order of the trial court granting summary judgment to defendant, Nike, Inc. Nike is a manufacturer of sporting goods, footwear, and apparel, and Dixon was an at-will employee of Nike. Nike encourages its employees to actively participate in improving their work environment and in implementing ideas for new products on the market 2 through a program called “I Got It.” The program invites Nike’s employees to submit ideas that “eliminate waste, improve the way we work, increase productivity, prevent accidents, save time, money, or energy.” Employees can also submit ideas for new products or inventions. In a weekly bulletin for employees, Nike stated, “If what you are suggesting is an idea for a new product or invention, to protect you and NIKE, a letter of understanding will be sent for your signature stating, in essence, that NIKE will not use your product idea until a written contract is negotiated and signed.”

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Neal Small
Shelby County Court of Appeals
In Re Klowii W., Et Al.

E2022-01789-COA-R3-PT

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.

Authoring Judge: Judge D. Michael Swiney, C.J.
Originating Judge:Judge Timothy E. Irwin
Knox County Court of Appeals
Daniel B. Taylor v. Donal Campbell, et al.

M1998-00913-COA-R3-CV

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.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals


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.

Steven Totty v. The Tennessee Department of Correction and the State of Tennessee

01A01-9504-CV-00139

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

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals


Tamara E. Lowe, Administrator of the Estate of Terry Allen Lowe, Deceased, v. Gransville Simpson, and wife, Judy Simpson

X2010-0000-XX-X00-XX

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?

 

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Russell E. Simmons, Jr.
Morgan County Court of Appeals
ROAR NORMANN RONNING v. LESLEY ANNE RONNING

E2024-00437-COA-R3-CV

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.

Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Chancellor John D. McAfee
Claiborne County Court of Appeals


M2001-01866-CCA-R3-DD

M2001-01866-CCA-R3-DD
Supreme Court




WELFT, LLC v. Larry Elrod Et Al.

M2024-00489-COA-R3-CV

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.

Authoring Judge: Per Curiam
Originating Judge:Chancellor J. B. Cox
Rutherford County Court of Appeals
David John Erdly v. Janene Marie Erdly - Concurring

01A01-9706-CH-00269

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.


Originating Judge:H. Denmark Bell
Williamson County Court of Appeals
01C01-9508-CC-00257

01C01-9508-CC-00257

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals