Victor Williams et al. v. Calvin Collins et al.
M2023-00452-COA-R3-CV
This is a contract dispute. The trial court granted non-resident Appellees’ Tennessee Rule of Civil Procedure 12.02(2) motion to dismiss for lack of personal jurisdiction. After conducting a de novo review, we agree with the trial court that Appellees did not have minimum contacts with Tennessee that would permit the exercise of personal jurisdiction over them. Discerning no error, we affirm.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 11/20/23 | |
Humberto Paulino Gomez v. State of Tennessee
E2022-00661-CCA-R3-PC
The petitioner, Humberto Paulino Gomez, appeals the denial of his petition for postconviction
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Alex E. Pearson |
Greene County | Court of Criminal Appeals | 11/20/23 | |
Benjamin L. Folkins, Et Al. v. Healthcare Group (Hong Kong) Co., Limited, Et Al.
E2022-00264-COA-R3-CV
The defendants appeal a jury verdict rendered after several days of trial. The parties are former business associates, individuals and entities, who worked together in the manufacturing, importing, distribution, and sale of memory foam mattresses. When one of the plaintiffs withdrew from the business in 2016, he invoked a buyout provision in the parties’ operating agreement. The defendants disputed, among other things, the validity of the operating agreement and refused to pay the buyout. A protracted dispute followed, with both the plaintiffs and the defendants alleging several causes of action against one another. Following cross-motions for summary judgment in 2020, the trial court ruled that the operating agreement was not invalid for fraud or unconscionability. The case proceeded to trial on August 3, 2021. The trial lasted several days, and the jury returned a verdict largely in favor of the plaintiffs. The plaintiffs were awarded compensatory and punitive damages, as well as almost a million dollars in attorney’s fees. The defendants appealed to this Court, raising a host of issues. We conclude, however, that the trial court erred in refusing to grant the defendants a mistrial on the first day of trial. For the reasons stated herein, we vacate the jury’s verdict and the trial court’s judgment entered in this matter and remand the case for a new trial.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Kyle E. Hedrick |
Court of Appeals | 11/20/23 | ||
Philips North America, LLC v. KPI Healthcare, Inc. et al.
M2022-01688-COA-R3-CV
To collect on its judgment, Appellant judgment creditor served a levy on Appellee garnishee bank. Judgment creditor sought to garnish an escrow account that was subject to an escrow agreement between a third-party and judgment debtor’s representative. Garnishee bank initially responded that it did not have any funds to remit. Thereafter, garnishee bank filed an amended response and enclosed a cashier’s check for $731,598.51, the amount of funds in the escrow account; the check was made payable to the Williamson County Circuit Court. A few days later, garnishee bank filed a motion to return funds deposited into the Clerk’s Office. At trial, garnishee bank argued that it was not properly served with the levy and that, even if service was proper, judgment creditor had no right to collect the funds held in the escrow account. The trial court agreed. We conclude that garnishee bank waived any objection concerning whether the levy was properly served. The trial court’s order is otherwise affirmed.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Appeals | 11/16/23 | |
Martrice Thomas v. State of Tennessee
W2022-00887-CCA-R3-PC
A Shelby County jury convicted the Petitioner, Martrice Thomas, of first degree
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 11/16/23 | |
State of Tennessee v. Leonard John Clemons
E2022-01290-CCA-R3-CD
Leonard John Clemons, Defendant, was convicted of attempted burglary, burglary,
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 11/16/23 | |
T.J. Martell Foundation for Cancer Research v. KraftCPAs PLLC et al.
M2022-01821-COA-R3-CV
This appeal followed the trial court’s certification of a final judgment pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure. Because we conclude that the trial court’s certification was improvidently granted, we dismiss the appeal.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Amanda J. McClendon |
Davidson County | Court of Appeals | 11/16/23 | |
Angellette Batts-Richardson v. Jeremiah Richardson
M2023-00395-COA-R3-CV
This appeal involves a mother’s post-divorce petition for modification of alimony and child support. Because the trial court has not disposed of all of the claims raised in the mother’s petition, we dismiss the appeal for lack of a final judgment.
Authoring Judge: PER CURIAM
Originating Judge:Judge Bonita J. Atwood |
Rutherford County | Court of Appeals | 11/16/23 | |
Christopher Gray Wallace v. Jessica Tomlin Wallace
M2022-01279-COA-R3-CV
Husband and Wife divorced; the trial court divided their property. Husband appeals, asserting five errors. Two of those purported errors are related to continuances, and three are related to the trial court’s division of the couple’s property. With regard the property division, one purported error relates to the trial court’s division of certain vehicles and two purported errors relate to the trial court’s division of two parcels of real property. We conclude that both of Husband’s continuance arguments are waived. We also conclude that his property division argument as to the vehicles is waived. With regard to the real property division, we conclude the trial court made inadequate findings of fact and conclusions of law to explain its decision as to both parcels, and we vacate and remand for the trial court to render further findings of fact and conclusions of law.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Adrienne Gilliam Fry |
Montgomery County | Court of Appeals | 11/16/23 | |
Laura S. Christie, et al. v. Baptist Memorial Hospital d/b/a Baptist Memorial Hospital for Women, et al.
W2022-01296-COA-R3-CV
Plaintiffs appeal the dismissal of their health care liability claims against a hospital and two
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Jerry Stokes |
Shelby County | Court of Appeals | 11/15/23 | |
In Re: Conservatorship of Jessica Abeyta
M2023-00972-COA-R3-CV
This is an appeal from a final judgment in a conservatorship case. Because the appellant did not file her notice of appeal with the clerk of the appellate court within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.
Authoring Judge: PER CURIAM
Originating Judge:Judge Andra J. Hedrick |
Davidson County | Court of Appeals | 11/15/23 | |
Marcus Anthony Robey v. State of Tennessee
M2022-01257-CCA-R3-PC
In 2013, the Petitioner, Marcus Anthony Robey, pleaded guilty to evading arrest and criminal impersonation in exchange for an effective sentence of eleven months and twenty-nine days. In a bifurcated proceeding, a jury convicted the Petitioner of aggravated robbery following which he pleaded guilty to possession of a weapon by a convicted felon. For these convictions he received concurrent thirty- and fifteen-year sentences, respectively. State v. Robey, No. M2015-00306-CCA-R3-CD, 2016 WL 4487954, at *1 (Tenn. Crim. App. Aug. 25, 2016), perm. app. denied (Tenn. 2016). Thereafter, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that the trial court lacked subject matter jurisdiction related to the indictment, and that the State withheld evidence resulting in prosecutorial misconduct. The post-conviction court denied his petition after a hearing. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 11/15/23 | |
State of Tennessee v. Tailor James Simpson
W2022-01806-CCA-R3-CD
Defendant, Tailor James Simpson, appeals the trial court’s order revoking his probationary
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Mark L. Hayes |
Dyer County | Court of Criminal Appeals | 11/15/23 | |
Sarah Bryant v. State of Tennessee
W2022-00968-COA-R3-CV
This appeal follows the dismissal of the appellant’s claim for damages in the Tennessee
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Commissioner James A. Hamilton |
Court of Appeals | 11/14/23 | ||
Jerry P. Haley v. Grady Perry, Warden
W2023-00223-CCA-R3-HC
The Petitioner, Jerry P. Haley, appeals from the Lauderdale County Circuit Court’s
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge A. Blake Neill |
Lauderdale County | Court of Criminal Appeals | 11/14/23 | |
Ashleigh Suarez Smallman v. William H. Smallman
M2022-00592-COA-R3-CV
This is a post-divorce action in which both parents seek to modify the permanent parenting plan and the father seeks to reduce his financial support obligations. The mother filed her Petition to Modify Permanent Parenting Plan in which she requested, inter alia, a reduction of the father’s parenting time and that she be awarded sole decision-making authority for the non-emergency medical and educational decisions for the parties’ two minor children. The father filed his Counter-Petition to Modify the Parenting Plan seeking, inter alia, that he be awarded the tie-breaking vote for all medical decisions for the children; that joint decision-making authority for educational decisions be maintained between the parties; that his financial obligations be modified, including child support as well as previously agreed-upon additional educational and medical expenses; and that he be awarded more parenting time. Following a trial that spanned 10 days, the trial court found in a 53-page memorandum opinion and final order that neither party proved a material change of circumstance that justified modification of the parenting schedule. However, the court found the parents’ inability to successfully co-parent under the existing joint decision-making provision adversely affected the children’s non-emergency healthcare and educational needs. The court also found that it was in the children’s best interests that the “[m]other have sole decision-making authority over their non-emergency healthcare and day-to-day education, free of any interference or delays by the father and without being required to consult with him in advance.” The court denied the father’s request to modify child support as well as his request to modify responsibility for educational, medical, and extracurricular expenses. The father appeals. We affirm the trial court in all respects. We also find that the mother is entitled to recover the reasonable and necessary attorney’s fees and expenses she incurred in defending this appeal and remand this issue to the trial court to make the appropriate award.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Phillip R. Robinson |
Davidson County | Court of Appeals | 11/13/23 | |
In Re: Oriana Y.
E2023-00397-COA-R3-PT
A father appeals the termination of his parental rights to his child. The trial court terminated parental rights on the grounds of abandonment by wanton disregard and failure to manifest an ability and willingness to assume custody or financial responsibility for the child. The court also determined that termination was in the child’s best interest. We agree and affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge John C. Rambo |
Court of Appeals | 11/13/23 | ||
Joseph Jerome Griggs v. State of Tennessee
W2023-00100-CCA-R3-PC
The Petitioner, Joseph Jerome Griggs, appeals from the Hardeman County Circuit Court’s
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge J. Weber McCraw |
Hardeman County | Court of Criminal Appeals | 11/13/23 | |
State of Tennessee v. Devoris Antoine Newson
W2020-00611-CCA-R3-CD
Pursuant to a plea agreement, the Defendant, acting pro se, entered guilty pleas to various
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 11/13/23 | |
Diana Lynn Van Zandbergen v. Scott W. Van Zandbergen
M2022-00886-COA-R3-CV
In this divorce case, Husband/Appellant appeals the amount and duration of alimony in futuro awarded to Wife/Appellee. Husband also appeals the trial court’s award of attorney’s fees to Wife for Husband’s alleged failure to comply with discovery. We conclude that the amount of alimony in futuro exceeds Wife’s need. As such, the award of alimony in futuro is modified to $3,451.00 per month and shall terminate upon Wife’s death or remarriage, or Husband’s death in accordance with Tennessee Code Annotated section 36-5-121(f)(3). We vacate the trial court’s award of $20,000.00 in attorney’s fees to Wife and remand for the trial court to enter an order containing sufficient findings of fact and conclusions of law regarding this issue pursuant to Tennessee Rule of Civil Procedure 52.01.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Vanessa Jackson |
Coffee County | Court of Appeals | 11/13/23 | |
Nedra R. Hastings v. Larry M. Hastings, Jr.
W2020-01665-COA-R3-JV
This case involves a protracted and contentious child support action, which began when
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Dan H. Michael |
Shelby County | Court of Appeals | 11/09/23 | |
State of Tennessee v. Jamil Toure Holloway
M2022-00862-CCA-R3-CD
A Davidson County jury convicted the Defendant, Jamil Toure Holloway, of first degree premeditated murder, first degree felony murder, attempted first degree murder causing serious bodily injury, and aggravated assault with a deadly weapon. The trial court imposed a life sentence plus thirty-one years in the Tennessee Department of Correction. The Defendant appeals, contending that there is insufficient evidence to support his convictions. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Jennifer L. Smith |
Davidson County | Court of Criminal Appeals | 11/09/23 | |
Manola McCain v. Knoxville HMA Physician Management, LLC
E2023-00319-COA-R3-CV
A defendant employer appeals the trial court’s grant of partial summary judgment in this action alleging breach of a plaintiff nurse’s employment contract. We conclude that the contract language is unambiguous and that partial summary judgment in favor of the plaintiff was properly granted. Accordingly, we affirm.
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge E. Jerome Melson |
Court of Appeals | 11/09/23 | ||
State of Tennessee v. Cameron Tommy Beard
E2022-00745-CCA-R3-CD
The Appellant was convicted by an Anderson County jury of reckless aggravated assault
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Ryan Spitzer |
Anderson County | Court of Criminal Appeals | 11/09/23 | |
Stephen D. Demps v. State of Tennessee
M2022-01429-CCA-R3-PC
A Putnam County jury convicted the Petitioner, Stephen D. Demps, of four counts of aggravated sexual battery and five counts of rape of a child. The trial court sentenced him to twenty-five years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Demps, No. M2017-00641-CCA-R3-CD, 2018 Tenn. Crim. App. LEXIS 156, at *1 (Tenn. Crim. App. Feb. 27, 2018), no perm. app. filed. Subsequently, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that law enforcement altered evidence, and that the State committed prosecutorial misconduct. The post-conviction court denied the petition after a hearing. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Gary McKenzie |
Putnam County | Court of Criminal Appeals | 11/09/23 |