The State Of Tennessee on behalf of Bledsoe County, Tennessee Et Al v. Whoriskey, Inc.
E2023-00505-COA-R3-CV
This appeal arises from an action to recover delinquent ad valorem real property taxes.
Authoring Judge: Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Melissa Thomas Willis |
Court of Appeals | 12/08/23 | ||
In Re Aubria H. et al.
M2023-00329-COA-R3-PT
This appeal involves the termination of a mother’s parental rights to two minor children. The trial court concluded that several grounds for termination existed and that the termination of the mother’s parental rights was in the best interests of the children. Although we vacate two grounds for termination, we affirm the trial court’s reliance on the remaining grounds for termination and its best interests determination. The trial court’s termination of the mother’s parental rights is accordingly affirmed.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Haylee Bradley-Maples |
Humphreys County | Court of Appeals | 12/08/23 | |
In Re Conservatorship of Susan Davis Malone - DISSENT
W2023-00841-COA-T10B-CV
I respectfully dissent from the majority's holding that recusal of the trial judge is
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Joe Townsend |
Shelby County | Court of Appeals | 12/06/23 | |
Susan Davis Malone v. Thomas Franklin Malone
W2023-00843-COA-T10B-CV
This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B,
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Joe Townsend |
Shelby County | Court of Appeals | 12/06/23 | |
Susan Davis Malone v. Thomas Franklin Malone - DISSENT
W2023-00843-COA-T10B-CV
I respectfully dissent from the majority's holding that recusal of the trial judge is
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Joe Townsend |
Shelby County | Court of Appeals | 12/06/23 | |
In Re Conservatorship of Susan Davis Malone
W2023-00841-COA-T10B-CV
This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B,
Authoring Judge: Judge Thomas Frierson, II
Originating Judge:Judge Joe Townsend |
Shelby County | Court of Appeals | 12/06/23 | |
Courtney Logan v. Lisa Helton, et al.
W2023-00063-COA-R3-CV
Appellant, Courtney Logan, appealed a December 7, 2022 order of the Hardeman County
Authoring Judge: Per Curiam
Originating Judge:Judge Kasey Culbreath |
Hardeman County | Court of Appeals | 12/06/23 | |
Erick Gordon v. Tennessee Department of Safety and Homeland Security
E2022-01175-COA-R3-CV
The petitioner’s employment as a Tennessee highway patrolman was terminated for cause
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Douglas T. Jenkins |
Court of Appeals | 12/05/23 | ||
State of Tennessee v. George Wells
M2022-01561-CCA-R3-CD
The Defendant, George Wells, pleaded guilty to reckless homicide with an agreed-upon sentencing range of two to five years. Following a hearing, the trial court denied the Defendant’s request for diversion or any other form of alternative sentencing and imposed a five-year incarcerative sentence. The Defendant appeals the trial court’s sentencing decision, challenging the length, manner of service, and denial of judicial diversion. After review, we determine that the trial court abused its discretion by failing to consider and weigh all of the relevant judicial diversion factors and by utilizing an improper factor. Based upon our de novo review of the judicial diversion factors, the trial court’s judgment is reversed, and the Defendant’s request for judicial diversion is granted. The matter is remanded to the trial court for the imposition of a term and the conditions of judicial diversion.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 12/05/23 | |
Gerrish & McCreary, PC v. Carri Chandler Lane
W2022-01441-COA-R3-CV
Appellant appeals the trial court’s denial of her Tennessee Rule of Civil Procedure 60.02
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Yolanda Kight Brown |
Shelby County | Court of Appeals | 12/05/23 | |
Janice Deloach v. Sahara Daycare Center, Inc., ET AL
W2022-01695-COA-R3-CV
This is a breach of contract case involving a business partnership. Due to deficiencies in
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Mary L. Wagner |
Shelby County | Court of Appeals | 12/05/23 | |
State of Tennessee v. David Elias Hernandez Sanchez
M2023-00180-CCA-R3-CD
The defendant, David Elias Hernandez Sanchez, appeals the Montgomery County Circuit Court’s denial of his bid for judicial diversion of the four-year sentence imposed for his guilty-pleaded conviction of aggravated assault. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert Bateman |
Montgomery County | Court of Criminal Appeals | 12/05/23 | |
In Re Jonah B.
E2022-01701-COA-R3-PT
Father appeals the termination of his parental rights to his child, who was nearly three years old at the time of trial. On appeal, Father disputes that termination of his parental rights is in the child’s best interest. We affirm the trial court’s determinations as to both the ground for termination and that termination of Father’s parental rights is in the child’s best interest.
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge John D. McAfee |
Campbell County | Court of Appeals | 12/05/23 | |
Penny Lawson, et al. v. Hawkins County, TN et al.
E2020-01529-COA-R3-CV
This appeal concerns governmental immunity. Steven W. Lawson (“Decedent”), by and through his widow, Penny Lawson, and on behalf of Corey Lawson, Decedent’s child (“Plaintiffs,” collectively), sued the Hawkins County Emergency Communications District Board (“ECD-911”), Hawkins County, Tennessee, and Hawkins County Emergency Management Agency (“the EMA”) (“Defendants,” collectively) in the Circuit Court for
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Alex E. Pearson |
Hawkins County | Court of Appeals | 12/05/23 | |
State of Tennessee v. Lori Anne Pierce
E2023-00163-CCA-R3-CD
A Bradley County jury found Defendant, Lori Anne Pierce, guilty of possession of methamphetamine with the intent to sell or deliver, a Class B felony (Count 1); possession of alprazolam with the intent to sell or deliver, a Class D felony (Count 2); possession of clonazepam with the intent to sell or deliver, a Class D felony (Count 3); and attempted unlawful possession of drug paraphernalia with intent to deliver, a Class A misdemeanor (Count 4). On appeal, Defendant challenges whether the evidence was sufficient to prove that she constructively possessed the contraband on all four counts. Defendant also challenges whether the evidence was sufficient to prove intent to sell or deliver on all counts. After review, we affirm the judgments of the trial court but remand for correction of the judgment forms to indicate Defendant’s proper offender status and release eligibility.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Sandra Donaghy |
Bradley County | Court of Criminal Appeals | 12/05/23 | |
Lewana Castillo Webb v. Gregory Ryan Webb
E2023-00378-COA-R3-CV
This case involves the respondent’s pro se appeal from an order of protection granted by
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Caroline E. Knight |
Court of Appeals | 12/04/23 | ||
In Re: Glenn B. et al
M2023-00096-COA-R3-PT
Mother appeals the termination of her parental rights to three of her children. The trial court found six grounds for termination: abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, substantial noncompliance with a permanency plan, persistent conditions, and failure to manifest an ability and willingness to assume custody. The trial court also found termination of Mother’s parental rights to be in the best interests of the children. Mother raises procedural and substantive challenges to the trial court’s decision. We affirm the judgment of the trial court terminating Mother’s parental rights.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Branden Bellar |
Smith County | Court of Appeals | 12/04/23 | |
State of Tennessee v. Dominique Michael Byrd
E2023-00274-CCA-R3-CD
A Knox County jury found the Defendant, Dominique Michael Byrd, guilty of theft of property and vandalism, and the trial court sentenced him to serve an effective sentence of eleven months and twenty-nine days. On appeal, the Defendant argues only that the evidence is legally insufficient to show that he is the person who committed the crimes. On our review, we respectfully disagree and affirm the trial court’s judgments.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 12/04/23 | |
In Re Raylon S. et al
M2023-00573-COA-R3-PT
A mother and stepfather sued to terminate a father’s parental rights based on the grounds of abandonment by failure to visit and abandonment by failure to support as well as the best interest of the children. The trial court found by clear and convincing evidence that both grounds for termination existed and that it was in the best interest of the children to terminate the father’s parental rights. The father appealed. We affirm.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Larry B. Stanley, Jr. |
Van Buren County | Court of Appeals | 12/04/23 | |
Greg Gonzales v. Orion Federal Credit Union et al.
M2022-00796-COA-R3-CV
A federally chartered credit union agreed to purchase substantially all assets of a Tennessee-chartered bank. The Commissioner of the Tennessee Department of Financial Institutions objected. He contended that the transaction was prohibited by the Tennessee Banking Act because the credit union was not a bank holding company. So he sought declaratory and injunctive relief to stop the transaction. On cross-motions for summary judgment, the trial court concluded the sale of substantially all of the assets of a bank was not prohibited by the Act. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Patricia Head Moskal |
Davidson County | Court of Appeals | 12/04/23 | |
State of Tennessee v. Duane R. Doxtater
E2023-00261-CCA-R3-CD
The Defendant, Duane R. Doxtater, appeals the trial court’s revocation of his effective tenyear
Authoring Judge: Judge James F. Goodwin, Jr.
Originating Judge:Judge Kyle A. Hixson |
Sullivan County | Court of Criminal Appeals | 12/01/23 | |
Sara Beth Schwab v. Alfred C. Schwab, III
M2022-00590-COA-R3-CV
This is a post-divorce dispute in which the former husband seeks to terminate alimony in futuro based on the fact that a third party, not related by blood, resided with the former wife for several months. It is undisputed that the girlfriend of the parties’ son had previously resided in the former wife’s home, but that the girlfriend had moved out before the husband filed his petition to terminate alimony. The parties’ Marital Dissolution Agreement (“MDA”) provides that “alimony shall terminate upon the death of Husband or Wife, the remarriage of Wife, o[r] Wife’s cohabitation with someone to whom she is not related by blood pursuant to Tenn. Code Ann. [§] 36-5-121(f).” The trial court held that the reference to § 36-5-121(f) evinced an intent to rely on the so-called “cohabitation statute” in subsection (f)(2)(B), which creates a rebuttable presumption that an alimony recipient does not need the same level of support when they are living with a third person. However, because the son’s girlfriend was no longer residing in the wife’s home, the trial court summarily dismissed the petition. The trial court relied on a line of cases, including Woodall v. Woodall, No. M2003-02046-COA-R3-CV, 2004 WL 2345814 (Tenn. Ct. App. Oct. 15, 2004) and Wiser v. Wiser, No. M2013-02510-COA-R3-CV, 2015 WL 1955367 (Tenn. Ct. App. Apr. 30, 2015), which stand for the proposition that “[a]n obligor spouse cannot rely on Tennessee Code Annotated § 36-5-121(f)(2)(B) to terminate or suspend alimony payments if the alleged cohabitation ceased before the modification petition was tried.” We affirm the trial court in all respects. The MDA also contains a mandatory attorney fee provision entitling the wife, as the prevailing party, to recover her reasonable expenses incurred in defending this appeal, including attorney’s fees and court costs. Accordingly, on remand, the trial court shall make the appropriate award.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Deana C. Hood |
Williamson County | Court of Appeals | 12/01/23 | |
State of Tennessee v. Webster Malone
M2023-00058-CCA-R3-CD
A Rutherford County jury convicted the Defendant, Webster Malone, of two counts of selling less than .5 grams of cocaine. The trial court denied his request for community corrections and sentenced him to an effective sentence of fifteen years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions and that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge James A. Turner |
Rutherford County | Court of Criminal Appeals | 12/01/23 | |
Clata Renee Brewer et al. v. Metropolitan Government of Nashville and Davidson County et al.
M2023-00788-COA-R3-CV
This action involves various requests directed to the Metropolitan Government of Nashville and Davidson County (“Metro”) for the release of records, pursuant to the Tennessee Public Records Act (“TPRA”), related to a school shooting that occurred at a private school in Nashville. Before making a determination concerning release of the records, the trial court allowed certain interested parties to intervene in the action pursuant to Tennessee Rule of Civil Procedure 24.02. The parties requesting the records have appealed that ruling pursuant to Tennessee Rule of Civil Procedure 24.05.1 Discerning no reversible error, we affirm.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor I’Ashea L. Myles |
Davidson County | Court of Appeals | 11/30/23 | |
JTM Enterprises v. Oddello Industries, LLC
E2022-00855-COA-R3-CV
The parties’ dispute centers upon whether a tenant is required to pay rent for a particular ten-month period. The landlord asserts that it delayed but did not waive payment. The tenant counters that the landlord’s agent waived rent and that the tenant forbore terminating the lease based on the agent’s representations. The trial court, after setting aside a default judgment, concluded that the landlord’s agent did not have the authority to waive rent but had the authority to modify the lease to reduce rent for three of the ten months. The tenant
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Douglas T. Jenkins |
Hamblen County | Court of Appeals | 11/30/23 |