Andrew Francis Tittle v. Deidre Lyn Deyoung Tittle
M2022-01299-COA-R3-CV
This is a divorce action in which the trial court awarded the wife a divorce based on the husband’s inappropriate marital conduct, divided the marital estate and awarded the wife, inter alia, child support as well as transitional alimony of $2,000 per month for four years, followed by $1,500 per month for two years, then $1,000 per month for two years, and $500 per month for two years. The court also awarded the wife alimony in solido of $50,000 as necessary spousal support and an additional $75,000 to defray the cost of most of her attorney’s fees. The husband appeals. We have determined that the record contains an inconsistency concerning the amount of the work-related childcare expenses the husband is required to pay, and it appears that the trial court failed to consider the husband’s obligation to pay work-related childcare costs in setting transitional alimony at $2,000 per month during the first four years, which additional expense appears to impair the husband’s ability to pay that amount. Accordingly, we vacate the award of child support and that portion of the transitional alimony award and remand these issues for reconsideration, taking into account, inter alia, the allocation of childcare expenses, the wife’s need, and the husband’s ability to pay. We affirm the trial court in all other respects. Both parties seek to recover the attorney’s fees and costs each incurred in this appeal. Exercising our discretion, we deny both requests.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Joseph A. Woodruff |
Williamson County | Court of Appeals | 01/29/24 | |
Lisa Kelley, et al. v. Nathaniel Root, et al.
W2022-01625-COA-R3-CV
The mother of a high school student involved in an altercation with the opposing basketball
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge J. Weber McCraw |
McNairy County | Court of Appeals | 01/29/24 | |
In Re Conservatorship of David William Milem
W2023-01743-COA-T10B-CV
This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B,
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Kathleen N. Gomes |
Shelby County | Court of Appeals | 01/29/24 | |
In Re Estate of Adam Randall Wilson
W2023-00313-COA-R3-CV
This appeal arises from a will contest. The circuit court entered summary judgment
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Appeals | 01/29/24 | |
Mickey Edwards v. State of Tennessee
W2023-00653-CCA-R3-PC
The Petitioner, Mickey Edwards, appeals from the denial of his petition for post-conviction
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 01/29/24 | |
State of Tennessee v. Eric Bledsoe
W2023-00730-CCA-R3-CD
The Defendant, Eric Bledsoe, was convicted by a Shelby County Criminal Court jury of
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 01/29/24 | |
In Re: Attorney Russell E. Edwards
M2023-00986-CCA-WR-CO
Attorney Russell E. Edwards seeks review of the trial court’s order granting his motion to be relieved as counsel for Sergio Bermudez, the defendant in the underlying case, and prohibiting Attorney Edwards from practicing in the Criminal Court for Sumner County. Upon review, we conclude that the trial court exceeded its authority by ordering Attorney Edwards be barred from practicing law in the Criminal Court for Sumner County. We therefore issue a writ of certiorari and order that the trial court’s order prohibiting Attorney Edwards from practicing in the Sumner County Criminal Court is vacated.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Dee David Gay |
Sumner County | Court of Criminal Appeals | 01/26/24 | |
Henri Etta Brooks v. State of Tennessee
W2022-01340-COA-R3-CV
The Claims Commissioner dismissed the claimant’s claim due to lack of subject matter
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Commissioner James A. Hamilton, III |
Court of Appeals | 01/26/24 | ||
Carter O'Neal Logistics, et al. v. Evans Petree, PC, et al.
W2024-00048-COA-T10B-CV
The Appellants seek accelerated interlocutory review of an order denying their motion to
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Valerie L. Smith |
Shelby County | Court of Appeals | 01/26/24 | |
Pejhman Ehsani v. Eugenia Michelle Ehsani
M2022-01819-COA-R3-CV
This appeal arises from an order granting, among other discovery sanctions, a default judgment against Husband in a divorce proceeding. Husband questions whether the trial court abused its discretion in entering sanctions against him. Because the trial court did not engage in the necessary analysis regarding its reasoning for granting the discovery sanctions, we vacate the sanctions order, as well as the subsequent orders that followed, including the order granting the parties’ divorce. This disposition pretermits inquiry into issues Husband has raised on appeal with respect to trial court determinations that followed the sanctions. Moreover, as to a remaining matter raised by Husband on appeal, we conclude that the issue is waived due to Husband’s failure to comply with applicable briefing requirements.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Phillip R. Robinson |
Davidson County | Court of Appeals | 01/26/24 | |
Angela Askew v. Nicholas Askew
W2023-01700-COA-R3-CV
The notice of appeal in this case was not timely filed. Therefore, this Court lacks
Authoring Judge: Per Curium
Originating Judge:Judge Mary L. Wagner |
Shelby County | Court of Appeals | 01/26/24 | |
G'Wayne Williams v. State of Tennessee
W2023-00511-CCA-R3-PC
The Petitioner, G’wayne Williams, appeals the Lauderdale County Circuit Court’s denial
Authoring Judge: Judge John W. Campbell
Originating Judge:Judge A. Blake Neill |
Lauderdale County | Court of Criminal Appeals | 01/25/24 | |
State of Tennessee v. Alexander Ruben Carino
E2023-01089-CCA-R3-CD
The Defendant, Alexander Ruben Carino, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He alleged that his consecutive sentences were illegal because the trial court made no findings that consecutive sentences were appropriate. The trial court denied the motion after finding that the sentences were imposed pursuant to the Defendant’s valid plea agreement. On our review, we respectfully affirm the judgment of the trial court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Wesley Thomas Bray |
Cumberland County | Court of Criminal Appeals | 01/25/24 | |
Craig Markeem Taylor v. Brandon Watwood, Warden
W2023-01169-CCA-R3-HC
The Petitioner, Craig Markeem Taylor, appeals the dismissal of his petition for writ of
Authoring Judge: Judge John W. Campbell
Originating Judge:Judge Mark L. Hayes |
Lake County | Court of Criminal Appeals | 01/25/24 | |
Roger Terrell v. State of Tennessee
W2023-00039-CCA-R3-PC
Petitioner, Roger Terrell, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Petitioner contends he received the ineffective assistance of counsel at trial. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 01/25/24 | |
State of Tennessee v. Eric Pike
W2023-00351-CCA-R3-CD
The Lauderdale County Grand Jury indicted Defendant, Eric Pike, on one count of attempted second degree murder, one count of aggravated assault by strangulation, and one count of violating an order of protection. Pursuant to a plea agreement, Defendant pleaded guilty to the count of aggravated assault by strangulation, and the remaining counts were dismissed. Per the parties’ agreement, the trial court classified Defendant as a Range III persistent offender and imposed a ten-year sentence. After a sentencing hearing, the trial court ordered Defendant to serve this sentence in custody of the Tennessee Department of Correction (TDOC) and consecutively to an existing sentence for initiation of the process to manufacture methamphetamine. Defendant then filed a motion to withdraw his guilty plea, which the trial court denied. Defendant appeals, arguing: (1) the trial court erred in denying Defendant’s motion to withdraw his guilty plea; and (2) the trial court abused its discretion by ordering Defendant to serve his sentence consecutively to his existing sentence. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge A. Blake Neill |
Lauderdale County | Court of Criminal Appeals | 01/25/24 | |
In Re Nation F.
W2023-00510-COA-R3-PT
This is a termination of parental rights case. The trial court terminated Mother’s and
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge John W. Whitworth |
Carroll County | Court of Appeals | 01/25/24 | |
State of Tennessee v. Robert Winters
E2023-00705-CCA-R3-CD
Robert Winters, Defendant, appeals from the dismissal of a motion filed under Rule 36.1
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Amanda B. Dunn |
Hamilton County | Court of Criminal Appeals | 01/25/24 | |
Auxin, LLC et al. v. DW Interests, LLC et al.
M2022-01087-COA-R3-CV
This appeal concerns a claim for declaratory judgment and counterclaims for intentional misrepresentation and breach of contract arising from a series of agreements related to the development of a hotel and conference center in Cookeville, Tennessee. The developed property was to be owned by a limited liability company, and the plaintiffs sought a declaration that they had a right to buy the defendants’ interest in that company pursuant to an option in the operating agreement, which was to become effective upon a determination that the hotel project could not be completed with two identified, adjoining pieces of property. For their part, the defendants sought awards of compensatory and punitive damages based on allegations that the plaintiffs misrepresented their ability and intent to assist with financing and development tasks and then failed to perform those tasks as required by the parties’ development agreement. After the defendants filed their answer and counter-complaint, the plaintiffs moved for judgment on the pleadings based, in principal part, on the “undisputed” fact that the real estate purchase agreement for one of the two development properties had terminated. The plaintiffs also moved to dismiss the defendants’ intentional misrepresentation counterclaim for failure to state the allegations of fraud with particularity. But after the motions were filed and before they were heard, the defendants filed an amended answer with leave of the court in which they denied that the real estate purchase agreement had been properly terminated and asserted more particularized facts in support of their misrepresentation counterclaim. Nonetheless, the trial court granted the plaintiffs’ motions, declared that the real estate purchase agreement had been terminated, and dismissed the misrepresentation counterclaim. The plaintiffs then filed a motion to dismiss or for summary judgment on the remaining counterclaim for breach of contract, along with a motion for judicial notice of several public records. The trial court granted the motion under Rule 12.02 and, in the alternative, Rule 56. The defendants appeal. We vacate the trial court’s ruling that the plaintiffs were entitled to judgment on the pleadings because the defendants denied that the real estate purchase agreement had been properly terminated. But we affirm the dismissal of the misrepresentation counterclaim because the defendants failed to allege facts to establish the elements of their claim. We also affirm the trial court’s denial of the motion to continue because the record shows that the defendants were dilatory in prosecuting their contract claim. But we disagree with the court’s decision to take judicial notice of two newspaper articles, and we vacate the trial court’s ruling that the plaintiffs were entitled to dismissal of the contract counterclaim under Rule 12.02 and Rule 56. Thus, the decision of the trial court is vacated in part and affirmed in part, and this matter is remanded for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Jonathan L. Young |
Putnam County | Court of Appeals | 01/25/24 | |
Thomas Fleming Mabry v. The Board of Professional Responsibility of the Tennessee Supreme Court
E2022-00945-SC-R3-BP
This is an appeal in a lawyer-disciplinary proceeding involving Tennessee attorney Thomas
Authoring Judge: Justice Roger A. Page
Originating Judge:Senior Judge William B. Acree |
Knox County | Supreme Court | 01/25/24 | |
Ronald P. Ellis v. State of Tennessee
W2023-00203-CCA-R3-PC
Ronald P. Ellis, Petitioner, sought post-conviction relief based on ineffective assistance of
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Jennifer Johnson Mitchell |
Shelby County | Court of Criminal Appeals | 01/25/24 | |
Kennath Artez Henderson v. State of Tennessee
W2023-00515-CCA-R3-ECN
The Petitioner, Kennath Artez Henderson, appeals the Fayette County Circuit Court’s
Authoring Judge: Judge John W. Campbell
Originating Judge:Judge J. Weber McCraw |
Fayette County | Court of Criminal Appeals | 01/25/24 | |
J.E. Allen Company, LLC v. Progress Construction Inc., ET AL.
W2022-00648-COA-R3-CV
An owner and a contractor executed a standard form construction agreement. The contract
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor JoeDae L. Jenkins |
Shelby County | Court of Appeals | 01/24/24 | |
State of Tennessee v. Matthew F. Beasley
M2023-00419-CCA-R3-CD
Defendant, Matthew F. Beasley, appeals the trial court’s order revoking his probationary sentence for aggravated assault and ordering him to serve the balance of his ten-year sentence in confinement. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Brody N. Kane |
Macon County | Court of Criminal Appeals | 01/24/24 | |
State of Tennessee v. Charles Felix Bell, Jr.
M2023-00534-CCA-R3-CD
Defendant, Charles Felix Bell, Jr., appeals the trial court’s order revoking his probationary sentence for possession of cocaine with intent to sell. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 01/24/24 |