Brenda Smith d/b/a Sugar Creek Carriages v. David Gerregano, Commissioner of the Tennessee Department of Rec
M2022-00941-COA-R3-CV
The Tennessee Department of Revenue issued a tax assessment against a horse-drawn carriage company pursuant to Tenn. Code Ann. § 67-6-212(a)(2). The carriage company filed a complaint in the chancery court challenging the tax assessment on two grounds: (1) that its carriage rides did not constitute a place of amusement under the statute and (2) that its equal protection rights had been violated because no other carriage companies had been assessed the tax. Both parties filed motions for summary judgment. The court granted the Tennessee Department of Revenue’s motion for summary judgment and denied the carriage company’s motion for summary judgment. Discerning no reversible error, we affirm the chancery court’s decision.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Patricia Head Moskal |
Davidson County | Court of Appeals | 09/28/23 | |
Westfield Group Insurance A/S/O David & Carol Neiger v. Tiffany Embry
M2022-01301-COA-R3-CV
In this appeal, a defendant asserts that the trial court erred when it granted the plaintiff’s motion to voluntarily dismiss its complaint while the defendant’s motion to dismiss and for attorneys’ fees was pending. We hold that a pending motion to dismiss does not preclude the plaintiff from voluntarily dismissing its case pursuant to Tenn. R. Civ. P. 41.01. Likewise, the defendant’s request for attorneys’ fees did not create a “vested right” preventing the plaintiff from voluntarily dismissing its case. The ruling of the trial court is affirmed.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Joseph P. Brinkley, Jr. |
Davidson County | Court of Appeals | 09/28/23 | |
Larry Inman v. Cindy Craven Inman
W2022-01056-COA-R3-CV
This appeal stems from a lawsuit over a void marriage. Larry Inman (“Plaintiff”) sued
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Chancellor Gadson W. Perry |
Shelby County | Court of Appeals | 09/28/23 | |
Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al.
W2019-02089-SC-R11-CV
The economic loss doctrine generally precludes a contracting party who suffers only
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Judge JoeDae L. Jenkins |
Shelby County | Supreme Court | 09/28/23 | |
State of Tennessee ex rel. Andrea Gutierrez v. Lane Baggett
. M2022-01658-COA-R3-CV
In this post-divorce case, Father appeals the trial court’s grant of sole decision-making authority over the Children’s non-emergency health care and religious decisions to Mother. Mother requests attorney’s fees incurred on appeal. Because there is no evidence to support an award of sole decision-making authority over religious decisions, we reverse the trial court’s order awarding Mother same. The trial court’s order is otherwise affirmed, and Mother’s request for appellate attorney’s fees is denied.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Adrienne Gilliam Fry |
Montgomery County | Court of Appeals | 09/28/23 | |
Roger Baskin v. Pierce & Allred Construction, Inc.
M2021-00144-SC-R11-CV
In this appeal, we address whether a Tennessee resident may sue an Alabama corporation in a Tennessee court for alleged breach of contract and breach of warranty pertaining to its construction of a custom lake house in Alabama. Tennessee resident Roger Baskin hired Pierce & Allred Construction, an Alabama corporation with its principal place of business in Alabama, to build a house on a parcel of land in Alabama. Mr. Baskin supplied the architectural plans and some of the materials, all sourced from Tennessee, and the parties communicated throughout the project from their respective states. However, all of Pierce & Allred Construction’s activities on the project occurred in Alabama. Mr. Baskin ultimately became dissatisfied with the quality and expense of the construction work, and he filed suit in the Davidson County Chancery Court. Pierce & Allred Construction moved to dismiss the complaint for lack of personal jurisdiction, arguing that the corporation lacked the “minimum contacts” with Tennessee that due process protections require. Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). The trial court granted the motion, finding that the events relevant to the claims occurred in Alabama and that the corporation’s contacts with Tennessee were minor and attenuated. The Court of Appeals reversed, looking to recent decisions from this Court, see Crouch Ry. Consulting, LLC v. LS Energy Fabrication, LLC, 610 S.W.3d 460 (Tenn. 2020), and the United States Supreme Court, see Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 141 S. Ct. 1017 (2021) (explaining that the exercise of specific personal jurisdiction requires that a plaintiff’s claim arise out of or relate to the defendant’s forum contacts). We granted permission to appeal. Based on our review, we have determined that Pierce & Allred Construction’s contacts with Tennessee were not such that the corporation reasonably should have anticipated being haled into a Tennessee court to answer this suit. In making this determination, we conclude that certain contacts with Tennessee did not reflect that the corporation purposefully availed itself of the privilege of conducting business activities in Tennessee, while certain other contacts were not sufficiently related to Mr. Baskin’s claims to support the exercise of specific personal jurisdiction. Thus, we hold that Mr. Baskin failed to establish a prima facie case of the minimum contacts necessary for a Tennessee court to exercise specific personal jurisdiction over the Alabama corporation. Accordingly, we reverse the decision of the Court of Appeals and reinstate the judgment of the trial court dismissing Mr. Baskin’s complaint.
Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Chancellor Russell T. Perkins |
Davidson County | Supreme Court | 09/28/23 | |
Janette C. Gates v. Hans M. Switzer
M2021-01552-COA-R3-CV
During the pendency of a divorce, Wife was convicted of one count of criminal contempt. Wife filed a notice of appeal subsequent to this conviction. Before Wife’s initial appeal was heard, the trial court entered its order granting the parties a divorce. Wife filed another notice of appeal challenging the outcome of the divorce. We consolidated the respective appeals, and now, upon our review, we affirm the judgment of the trial court in both the contempt and divorce proceedings.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Phillip R. Robinson |
Davidson County | Court of Appeals | 09/27/23 | |
Jim Hysen v. T.A. Smythe
M2022-00816-COA-R3-CV
Because the notice of appeal was untimely, this Court lacks subject-matter jurisdiction over the appeal. Appeal dismissed.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Appeals | 09/27/23 | |
Judie Snipes v. Skin Cancer & Cosmetic Dermatology Center P.C. Et Al.
E2023-00386-COA-R3-CV
This is an appeal from a final order entered on February 10, 2023. The Notice of Appeal
Authoring Judge: Per Curiam
Originating Judge:Judge John B. Bennett |
Court of Appeals | 09/27/23 | ||
In Re Estate of Willis Seeber
E2022-01476-COA-R3-CV
This appeal arises from a dispute over the estate of Mrs. Willie Seeber. Mrs. Seeber left a purported Last Will and Testament executed in 2021,which the personal representative named therein has offered to the Probate Court for Loudon County for solemn form probate. However, various family members and friends of Mrs. Seeber seek to challenge this will and allege Mrs. Seeber lacked testamentary capacity and was unduly influenced to execute the will. The contestants rely upon earlier testamentary documents to establish standing to bring a will contest. The proponent appeals an order of the probate court holding the contestants have standing to bring a will contest. We hold the probate court did not err in its various findings and affirm the judgment of the probate court. This case is remanded for further proceedings.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Rex Alan Dale |
Court of Appeals | 09/27/23 | ||
State of Tennessee v. Mario Deshon Murray
M2022-01525-CCA-R3-CD
The defendant, Mario Deshon Murray, pleaded guilty to unlawful possession of a firearm after being convicted of a felony involving violence, and the trial court imposed a sentence of fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing, in misapplying mitigating factors, and in imposing consecutive sentences. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/27/23 | |
State of Tennessee v. Tyrell Webb
W2023-00195-CCA-R3-CD
The defendant, Tyrell Webb, pleaded guilty to rape, and the trial court imposed a sentence
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge A. Melissa Boyd |
Shelby County | Court of Criminal Appeals | 09/27/23 | |
State of Tennessee v. William Michael Bowers
M2022-00949-CCA-R3-CD
A Maury County jury convicted the Defendant, William Michael Bowers, of vehicular homicide by intoxication, a Class B felony, and driving under the influence, a Class A misdemeanor. The Defendant appeals, contending that (1) the trial court violated his right to confrontation by allowing a witness to testify via video rather than in person; and (2) the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 09/25/23 | |
State of Tennessee v. William Michael Bowers
M2022-00949-CCA-R3-CD
I must respectfully disagree with the conclusion reached by the majority in holding
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 09/25/23 | |
Gresham, Smith and Partners v. Middleburg Real Estate Partners, LLC
M2021-01459-COA-R3-CV
In this breach of contract dispute between an engineering consulting firm and a real estate development company, we review the trial court’s holding that the real estate development company breached the contract between the parties as well as the court’s award of attorneys’ fees to the engineering consulting firm. We affirm the court’s decision in all respects. Because the parties’ agreement states that the prevailing party in litigation arising from or related to the contract shall be entitled to attorneys’ fees and costs, we remand the case to the trial court with instructions for the trial court to award the engineering firm its reasonable and necessary attorneys’ fees and costs incurred in this appeal.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Patricia Head Moskal |
Davidson County | Court of Appeals | 09/25/23 | |
State of Tennessee v. Timothy Michael Crabtree
W2022-01008-CCA-R3-CD
The Defendant, Timothy Michael Crabtree, was convicted in the Henry County Circuit
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Donald E. Parish |
Henry County | Court of Criminal Appeals | 09/22/23 | |
State of Tennessee v. Cedric Konard Mitchell
M2022-00948-CCA-R3-CD
The Defendant, Cedric Konard Mitchell, appeals the trial court’s revocation of his ten-year
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Russell Parkes |
Giles County | Court of Criminal Appeals | 09/22/23 | |
State of Tennessee v. Tracey Lynn Carter
M2022-00769-CCA-R3-CD
The Appellant, Tracey Lynn Carter, was convicted by a Lincoln County jury of attempted aggravated assault, resisting arrest, disorderly conduct, and public intoxication. He received an effective sentence of eight years’ imprisonment. On appeal, the Appellant alleges that: (1) the evidence is insufficient to support his conviction for attempted aggravated assault; (2) the trial court erred in failing to instruct the jury on voluntary intoxication; and (3) the trial court erred in denying a sentence of split confinement. After review, we affirm the trial court’s judgments.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Forest A. Durard, Jr. |
Lincoln County | Court of Criminal Appeals | 09/22/23 | |
Michael Briars, et al. v. John Irving, et al.
W2022-01159-COA-R3-CV
Plaintiffs sued for injuries and damages allegedly resulting from an automobile accident.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Appeals | 09/22/23 | |
Jon Vazeen v. Martin Sir
M2022-00273-COA-R3-CV
Former client sued his former attorney for legal malpractice and fraud. The trial court initially dismissed all claims, but was reversed on appeal as to the fraud claims. The trial court then held a bench trial and found in favor of the defendant attorney. In a second appeal, this Court affirmed the dismissal of all fraud claims except a fraud claim related to the hourly rate charged under the parties’ written contract. That claim was remanded to the trial court for purposes of consideration of the factors outlined in in Alexander v. Inman, 974 S.W.2d 689 (Tenn. 1998). On remand, the trial judge denied the plaintiff’s efforts to disqualify him from the case and to enlarge the scope of the trial. A bench trial was eventually held, despite the plaintiff’s multiple efforts to postpone. After a late motion to continue was denied, the plaintiff did not attend trial. Following the bench trial, the trial court once again ruled in favor of the defendant attorney, resulting in the dismissal of all claims against him. Discerning no reversible error, we affirm.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Don R. Ash |
Davidson County | Court of Appeals | 09/21/23 | |
State of Tennessee v. Raghu Singh
W2022-01560-CCA-R3-CD
A Shelby County jury found the Defendant, Mr. Raghu Singh, guilty of two counts of
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 09/21/23 | |
State of Tennessee, ex rel., Nene Gloria Ananaba v. Okebugwu Sunju Ananaba
W2022-00443-COA-R3-CV
Mother filed a petition alleging civil and criminal contempt against the father of her child
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Magistrate Nancy Percer Kessler |
Shelby County | Court of Appeals | 09/21/23 | |
Benjamin McCurry v. Agness McCurry
E2023-00995-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final
Authoring Judge: Per Curiam
Originating Judge:Judge Thomas J. Wright |
Court of Appeals | 09/21/23 | ||
State of Tennessee v. Charles D. Perry
M2022-00643-CCA-R3-CD
A Cheatham County jury convicted the Defendant, Charles D. Perry, of two counts of rape
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Larry Wallace |
Cheatham County | Court of Criminal Appeals | 09/21/23 | |
Samuel Adam Reese v. Lynette Erin Reese
E2022-01116-COA-R3-CV
This appeal arises from a divorce. After trial, the trial court entered a final decree of
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Dennis W. Humphrey |
Court of Appeals | 09/21/23 |