COURT OF APPEALS OPINIONS

JTM Enterprises v. Oddello Industries, LLC
E2022-00855-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Douglas T. Jenkins

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
appeals, arguing that the trial court erred in its determination as to the agent’s authority, the issue of estoppel, and the issue of waiver. The landlord asserts that the trial court erred in setting aside the default judgment and in reducing the rent for the three-month period. After a review of the record, we affirm the setting aside of the default judgment but reverse the trial court’s ruling on the agent’s authority and remand for further proceedings.

Hamblen Court of Appeals

In Re Justin N. et al.
E2022-01603-COA-R3-PT
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge J. Michael Sharp

Father appeals the trial court’s termination of his parental rights to two minor children. The trial court found as grounds for termination: (1) abandonment by failure to support, (2) abandonment by failure to visit, and (3) a failure to manifest an ability and willingness to parent. The trial court also found that termination was in the children’s best interests. We affirm as to the finding of abandonment by failure to support and failure to visit. Because the trial court’s order does not contain sufficient findings of fact, we vacate the trial court’s
findings that the father failed to manifest a willingness and ability to parent. We also reverse the trial court’s use of the outdated best interest factors and vacate the trial court’s finding that termination was in the children’s best interests.

Polk Court of Appeals

Christina N. Lewis v. Walter Fletcher, et al.
W2022-00939-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Clayburn Peeples

This appeal arises out of an incident where the plaintiff fell off a staircase and sustained
injuries. The plaintiff filed a complaint against the defendants, who owned the building,
alleging negligence and negligence per se based on a violation of a building code. The
defendants filed a motion for summary judgment. The trial court granted the motion for
summary judgment and dismissed the plaintiff’s complaint. The plaintiff appealed. We
affirm.

Weakley Court of Appeals

Priscilla Smith v. Sharon Berry Et Al.
E2023-00281-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Douglas T. Jenkins

Priscilla Smith filed a complaint in the Chancery Court for Hawkins County (“the Trial Court”) against multiple neighbors, including Michael and Sharon Berry. She sought access to her property by way of an undeveloped road called Hyder Lane. The Berrys’ garage was on the undeveloped road. After trial, the Trial Court determined that Hyder Lane was a public road and ordered the garage to be removed and the road opened for
Ms. Smith’s use and access to her property. The Berrys appealed. Having concluded thatcertain indispensable parties were never joined to the action, we vacate the Trial Court’s judgment and remand for the joinder of these indispensable parties.

Hawkins Court of Appeals

James R. Vandergriff v. Erlanger Health Systems Et Al.
E2022-00706-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Ward Jeffrey Hollingsworth

The plaintiff underwent surgery for a severe head injury. Due to various complications and infections, he required multiple follow-up procedures and treatments. The plaintiff filed medical malpractice claims against the hospital and doctors involved in his treatment over the course of an approximately five-month time period. The defendants moved to dismiss based on the statute of limitations. The trial court found that the plaintiff filed his lawsuit more than one year after his cause of action had accrued and that he was not entitled to an extension of the statute of limitations. It therefore dismissed the entire lawsuit. We conclude that the trial court did not err in its determination of the accrual date for the plaintiff’s cause of action as to his initial medical treatment; accordingly, we affirm the dismissal of the plaintiff’s cause of action as to allegations of medical malpractice as it relates to the plaintiff’s initial treatment. We reverse, however, the dismissal insofar as it
extends to later alleged incidents of malpractice, as they fell within the statute of limitations.

Hamilton Court of Appeals

Annaliese Potter v. Paul Israel
E2023-00486-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Suzanne S. Cook

In this breach of contract case, the trial court awarded Appellee damages for Appellant’s
failure to perform his obligations under a construction contract in a workmanlike manner.
Appellant appealed. Due to deficiencies in Appellant’s brief, we do not reach the
substantive issues and dismiss the appeal.

Court of Appeals

Williamson County, Tennessee et al. v. Tennessee State Board of Equalization et al.
M2021-01091-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge James G. Martin, III

A taxpayer appealed a County Board of Equalization’s property valuation to the State Board of Equalization. The State Board reduced the valuation. The County then sought judicial review. After a new hearing in which the trial court heard testimony from competing appraisers, it affirmed the State Board’s valuation. It also determined that the County’s request to reclassify the property was untimely. We affirm.

Williamson Court of Appeals

Christina K. Collins v. Tennessee Department of Health, Et Al
E2022-01501-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Richard B. Armstrong, Jr.

In the Chancery Court for Knox County (“the Trial Court”), Christina K. Collins sought
judicial review of a disciplinary order entered against her by the Tennessee Board of
Nursing (“the Board”). Finding that Ms. Collins’s petition for judicial review was
untimely, the Trial Court determined that it lacked subject matter jurisdiction over the
matter and dismissed her petition. Ms. Collins has appealed the Trial Court’s order of
dismissal. Discerning no reversible error, we affirm.

Court of Appeals

In Re Christabell B. Et Al.
M2021-01274-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Stella L. Hargrove

Rebecca F. B. ("Mother") appeals the termination of her parental rights to her children Christabell B., Ashtynn B., Colton B., and Elan B. (Colton B. and Elan B. collectively, "Minor Children"; the Minor Children, Christabell B., and Ashtynn B. collectively, "Children").2 The Chancery Court for Maury County ("trial court") granted a default judgment against Mother and terminated her parental rights based on several statutory grounds: abandonment; persistent conditions; and failure to manifest an ability and willingness to assume legal and physical custody. We conclude that the ground of abandonment was not proven by clear and convincing evidence, and therefore reverse the trial court's judgment as to that ground. However, we affirm the trial court's findings as to the other statutory grounds and its finding that termination of Mother's parental rights is in the Minor Children's best interests.

Maury Court of Appeals

Tennessee Farmers Mutual Insurance v. William Max Ridden
E2023-00932-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Kyle E. Hedrick

The notice of appeal filed by the appellant, William Max Riden, stated that appellants were
appealing the judgment entered on May 24, 2023. As the order appealed from does not
constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Hamilton Court of Appeals

Christopher B. Patton Et Al. v. Jill Marie Campoy
E2023-00231-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Ronald Thurman

This is a declaratory judgment action in which the plaintiffs seek to establish that they have
an ingress and egress easement over the portion of a once public road that crosses over
their neighbor’s property. The plaintiffs contend that they have a prescriptive easement or,
in the alternative, a private access easement for ingress and egress because their properties
abut the once public road that runs through the defendant’s property. The chancery court
found that the plaintiffs have a prescriptive easement for ingress and egress across the
defendant’s property. The defendant appeals. We affirm the trial court’s finding that the
plaintiffs have an easement across the defendant’s property, albeit on different grounds.
We have determined that the plaintiffs failed to prove a prescriptive easement;
nevertheless, they have proven a private access easement over the defendant’s property
because their properties abut a once public road that passes through the defendant’s
property. Accordingly, we affirm as modified the decision of the trial court awarding the
plaintiffs an ingress and egress easement over the defendant’s property.

Cumberland Court of Appeals

James L. Coxwell ex rel v. Watco Communities LLC et al.
E2023-00258-COA-R3-CV
Authoring Judge: D. Michael Swiney
Trial Court Judge: Judge James H. Ripley

This appeal concerns the denial of a motion to intervene. John A. Watson, Jr. (“Watson”)
moved to intervene in a lawsuit filed by James L. Coxwell, Sr. (“Coxwell”), by and through
his attorney-in-fact, Cam Coxwell Shiflett, against Watco Communities, LLC (“Watco”)
and MountainBrook Assisted Living, LLC (“MountainBrook”) (“the Companies,”
collectively). Watson and Coxwell were once in business together but had a falling out.
Coxwell sued to recover money he had loaned the Companies. Coxwell and the Companies
reached a settlement, and an agreed order was entered to that effect. Watson’s motion to
intervene came after entry of the agreed order and his having known about the litigation
for many months. Watson objects to language in the agreed order between Coxwell and
the Companies providing for joint and several liability by the Companies, which he says is
unfavorable to his interests. The Chancery Court for Sevier County (“the Trial Court”)
denied Watson’s motion to intervene, citing untimeliness. Watson appeals. We find no
abuse of discretion in the Trial Court’s denial of Watson’s motion to intervene. We affirm.

Court of Appeals

Victor Williams et al. v. Calvin Collins et al.
M2023-00452-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Anne C. Martin

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.

Davidson Court of Appeals

Benjamin L. Folkins, Et Al. v. Healthcare Group (Hong Kong) Co., Limited, Et Al.
E2022-00264-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Kyle E. Hedrick

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.

Court of Appeals

Reginald Hall v. Wilmington Savings Fund Society, ET Al.
E2022-01362-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor M. Nichole Cantrell

In April of 2018, Bank of America, N.A. (“BOA”) conducted a foreclosure sale on a piece of real property located in Anderson County, Tennessee. The property was subsequently sold to a third party. The previous homeowner, Reginald Hall (“Appellant”), initiated wrongful foreclosure proceedings against BOA, among others, in the Chancery Court for Anderson County (the “trial court”). BOA filed a motion for summary judgment on July 7, 2022. Following a hearing, the trial court entered an order granting BOA’s motion. Appellant appeals to this Court. Because Appellant’s brief does not comply with the applicable Rules of Appellate Procedure governing briefing, the issues purportedly raised are waived. The trial court is affirmed.

Court of Appeals

John Schmeeckle v. Hamilton County, TN, Et Al.
E2023-01533-COA-T10B-CV
Authoring Judge: Judge Steven Stafford
Trial Court Judge: Chancellor Pamela A. Fleenor

Appellant appeals the denial of his motion to recuse the trial judge on the grounds that the trial judge refused to explain the reasons other judges recused from the case, refused to hear evidence of misconduct against an attorney involved in the case, and allegedly ruled erroneously in several respects. Because we conclude that an ordinary person knowing all the facts known to the judge would not question the judge’s impartiality, we affirm.

Court of Appeals

T.J. Martell Foundation for Cancer Research v. KraftCPAs PLLC et al.
M2022-01821-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Amanda J. McClendon

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.

Davidson Court of Appeals

Angellette Batts-Richardson v. Jeremiah Richardson
M2023-00395-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Bonita J. Atwood

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.

Rutherford Court of Appeals

Christopher Gray Wallace v. Jessica Tomlin Wallace
M2022-01279-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Adrienne Gilliam Fry

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.

Montgomery Court of Appeals

Philips North America, LLC v. KPI Healthcare, Inc. et al.
M2022-01688-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Joseph A. Woodruff

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.

Williamson Court of Appeals

Laura S. Christie, et al. v. Baptist Memorial Hospital d/b/a Baptist Memorial Hospital for Women, et al.
W2022-01296-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Jerry Stokes

Plaintiffs appeal the dismissal of their health care liability claims against a hospital and two
doctors who treated their daughter on the day of her birth and tragic death. The trial court
reluctantly ruled that the plaintiffs failed to substantially comply with Tennessee Code
Annotated section 29-26-121(a)(2)(E) and dismissed the claims as untimely. We conclude
that the plaintiffs met their burden to show substantial compliance with section 29-26-
121(a)(2)(E) as to the defendant hospital, but not the defendant doctors. We therefore
affirm in part, reverse in part, and remand for further proceedings.

Shelby Court of Appeals

In Re: Conservatorship of Jessica Abeyta
M2023-00972-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Andra J. Hedrick

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.

Davidson Court of Appeals

Sarah Bryant v. State of Tennessee
W2022-00968-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Commissioner James A. Hamilton

This appeal follows the dismissal of the appellant’s claim for damages in the Tennessee
Claims Commission. The appellant, who was injured during a class she participated in
while enrolled as a student in the occupational therapy program at the University of
Tennessee Health Science Center, submits that the Commission’s failure to find her
professor negligent was in error. For the reasons stated herein, we affirm.

Court of Appeals

Diana Lynn Van Zandbergen v. Scott W. Van Zandbergen
M2022-00886-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Vanessa Jackson

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.

Coffee Court of Appeals

Ashleigh Suarez Smallman v. William H. Smallman
M2022-00592-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Phillip R. Robinson

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.

Davidson Court of Appeals