COURT OF APPEALS OPINIONS

J.E.T., Inc., d/b/a UPS Store v. Ron Hasty
M2023-00253-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Lynne T. Ingram

A tenant sued its landlord for allegedly breaching the parties’ lease agreement. The tenant,
however, failed to comply with the parties’ discovery schedule. After conferring, the
parties established a new discovery deadline, agreed that failure to meet the deadline would
result in dismissal with prejudice, and filed an agreed order to that effect, which was
approved by the trial court. The landlord asserted that the tenant failed to meet the new
deadline and sought dismissal with prejudice. A hearing was scheduled. Before the
hearing, the tenant filed a notice nonsuiting the case, and the trial court granted the tenant
a voluntary dismissal without prejudice. The landlord filed a motion to alter or amend,
arguing the dismissal should have been with prejudice. The trial court denied that motion.
The landlord appeals. We reverse and remand for further proceedings.

Davidson Court of Appeals

Kyuhwan Hwang v. Sania Holt ET AL.
W2023-00627-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Rhynette Hurd

The trial court dismissed Appellant’s lawsuit for failure to comply with discovery. Tenn.
R. Civ. P. 37.02(C) and 41.02(1). Because Appellant’s brief fails to comply with the
requirements of Tennessee Rule of Appellate Procedure 27 and Tennessee Court of
Appeals Rule 6, we do not reach Appellant’s issues and dismiss the appeal.

Shelby Court of Appeals

Driftwood Estates Property Owners Association Inc. Et Al. v. John Sweeney Et Al.
E2023-00463-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge David R. Duggan

This case concerns whether a parcel of real property is subject to certain restrictions contained in a previously recorded declaration of restrictive covenants. In the proceedings below, the trial court dismissed a homeowner’s association’s lawsuit which sought to enforce the declaration’s architectural review restrictions against the owners of the property. Upon review, we determine that the declaration did not expressly include the property at issue, nor was the property validly made subject to the restrictions within the declaration. Additionally, we reject the homeowner’s association’s arguments that the property was restricted to the terms of the declaration by way of an implied negative reciprocal easement or by waiver. Accordingly, we affirm the trial court’s dismissal.

Blount Court of Appeals

Edward Ronny Arnold v. Deborah Malchow, et al.
M2024-00314-COA-T10B-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Amanda J. McClendon

Appellant filed this accelerated interlocutory appeal under Rule 10B of the Rules of the Supreme Court of Tennessee. Because the trial court has not entered an order on Appellant’s motion for recusal, there is no order for this Court to review. Appeal dismissed.

Davidson Court of Appeals

In Re Nickolas K. et al.
M2023-00951-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Branden Bellar

The trial court terminated the parental rights of Mother and Father based on the finding of multiple grounds and that termination was in the children’s best interests. The trial court’s finding of a failure to manifest an ability and willingness to assume custody of the children is vacated for lack of sufficient findings of fact. We affirm the remainder of the trial court’s order, including both the finding of four grounds of termination against each parent and the finding that termination is in the children’s best interests.

Smith Court of Appeals

In Re Kaitlyn D.
M2023-00658-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Philip E. Smith

Mother appeals the termination of her parental rights to one of her children. The trial court found seven grounds for termination: abandonment by failure to support; persistent conditions; severe child abuse; imprisonment for more than two years; failure to visit; failure to manifest an ability or willingness to assume custody; and a risk of substantial harm. The trial court also determined that termination was in the child’s best interest and terminated Mother’s parental rights. Mother raises procedural and substantive challenges to the trial court’s best interest determination but does not challenge the grounds for termination. Conducting a Carrington review, we conclude the trial court erred in finding some of the aforementioned grounds for termination. Nevertheless, because clear and convincing evidence supports at least one of termination grounds and the conclusion that termination is in the child’s best interest, we affirm the trial court’s termination of Mother’s parental rights.

Davidson Court of Appeals

Jose Marcus Perrusquia v. Floyd Bonner, Jr. ET AL.
W2023-00293-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor JoeDae L. Jenkins

This case involves a petition for judicial review filed pursuant to the Tennessee Public
Records Act, Tenn. Code Ann. § 10-7-503, et seq., after the Shelby County Sheriff and the
District Attorney General denied a journalist’s request to inspect surveillance video from
inside a jail facility. The chancery court denied the petition. The journalist appeals. We
affirm.

Shelby Court of Appeals

Robin L. Duffer v. Marc N. Duffer
M2021-00923-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Bonita J. Atwood

After seven years of marriage, a wife filed a complaint for divorce against her husband. The primary issues before the trial court pertained to the classification of the marital residence and custody of the parties’ child. After a hearing on those issues, the trial court determined that the marital residence had once been the husband’s separate property but had transmuted into marital property. The court then ordered the property sold and the proceeds distributed equally between the parties. Regarding custody, the court designated the wife as primary residential parent and severely restricted the husband’s parenting time. Discerning that the trial court erred in its valuation of the marital residence, we modify the court’s order to reflect the amount submitted by the husband. We affirm the trial court in all other respects.

Rutherford Court of Appeals

Carter O'Neal Logistics, et al. v. Evans Petree, PC, et al.
W2024-00048-COA-T10B-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Valerie L. Smith

This is an accelerated interlocutory appeal as of right under Tennessee Supreme Court Rule
10B from a circuit court judge’s denial of a motion to recuse. The plaintiffs moved for
recusal based primarily on an alleged attorney-client relationship between the judge and
counsel for the defendants. We affirm the trial court’s denial of the motion to recuse.

Shelby Court of Appeals

Cassandra Burks v. Gregory B. Burks
E2022-00776-COA-R3-CV
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Senior Judge Don R. Ash

This is a divorce proceeding in which the wife filed a divorce complaint against the husband on the grounds of adultery and inappropriate marital conduct. While the action was pending, Husband drafted a handwritten reconciliation document in which he promised that the marital residence would become the wife’s separate property if he ever “cheated” on her again, “in consideration of her reconciling with [him] (also dropping the
divorce lawsuit currently filed).” Although the wife took no action to “drop” or dismiss the divorce complaint, the trial court, sua sponte, dismissed the complaint for failure to prosecute. Upon learning that the husband’s infidelity had resumed, the wife successfully motioned to set aside the order of dismissal, and the case went to trial. In its final order, the trial court granted the wife a divorce on grounds of inappropriate marital conduct due to the husband’s infidelity. Because the wife took no action to enforce the purported reconciliation agreement, the court classified the marital residence as marital property, not the wife’s separate property. The court awarded the wife approximately $3.9 million in marital assets, of which $1.3 million was liquid assets, representing 60% of the marital estate. The court further awarded the wife $13,000 per month in transitional alimony for eight years and $229,000 in alimony in solido, but declined to award her alimony in futuro. The court also denied the wife’s request to recover her attorney’s fees and expenses. The wife appeals, contending that the trial court erred in failing to classify the marital residence as her separate property and in failing to award her alimony in futuro as well as her attorney’s fees. We affirm.

Court of Appeals

Catherine Wolte Pallekonda v. Vinay Anand Raj Pallenkonda
W2023-00574-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Steven W. Maroney

In this divorce action, the husband appeals the trial court’s division of the marital estate,
its determination that he was underemployed, and the wife’s awards of alimony. For the
reasons stated herein, we affirm the judgment of the trial court.

Madison Court of Appeals

Stacy Jacobson v. Tennessee Department of Children's Services
M2022-01610-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Patricia Head Moskal

This appeal arises from a Tennessee Public Records Act (“TPRA”) petition to access a Tennessee Department of Children’s Services (“DCS”) case file regarding its investigation into the fatality of a fourteen-year-old boy. The petition also sought disclosure of the investigation into the child’s death, as well as four prior investigations related to the same child, pursuant to Tennessee Code Annotated § 37-5-107. Prior to the filing of the petition, the petitioner, Stacy Jacobson (“Ms. Jacobson”), submitted a written request to obtain the unredacted version of the deceased child’s case file, along with the records from four prior DCS investigations related to the child. DCS denied the requests, citing several legal bases, including Tennessee Code Annotated § 37-5-124, Tennessee Code Annotated §§ 37-1-409 and 612, Tennessee Code Annotated § 37-5-107, Tennessee Rule of Criminal Procedure 16 (“Rule 16”), and the 2013 Davidson County Chancery Court order requiring that DCS redact all such records to eliminate information made confidential under state law. Thereafter, Ms. Jacobson filed a petition in the Chancery Court of Davidson County to obtain access to the unredacted public records, the four related investigative files, and for her attorney’s fees and costs. The trial court denied the petition, finding that, under “the state law exception” to the TPRA, which encompasses Rule 16, the redacted portions of the case file and the four related investigative files are exempt from disclosure because they are relevant to an ongoing criminal prosecution of the deceased child’s family members who are alleged to be responsible for his abuse and death. Ms. Jacobson subsequently filed a motion to alter or amend judgment, arguing that the trial court had failed to consider whether the DCS records from the prior investigations involving the deceased child were part of the child’s “full case file.” The trial court denied the motion, finding that a ruling on this issue would constitute an advisory opinion. Ms. Jacobson appeals the trial court’s denial of her requests. For the reasons explained below, we vacate the judgment of the trial court and remand for further proceedings.

Davidson Court of Appeals

Kisha Dean Trezevant v. Stanley H. Trezevant, III
W2023-00682-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Mary L. Wagner

In this post-divorce case, Husband/Appellant appeals the trial court’s order holding him in
criminal contempt. Due to the deficiencies in Husband’s brief, we do not reach the
substantive issues. Appeal dismissed.

Shelby Court of Appeals

Tricap Cross Creek Associates LLC v. Gabriel Corzo Et Al.
E2023-00635-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Kyle E. Hedrick

This appeal concerns a landlord/tenant dispute. Tricap Cross Creek Associates, LLC (“Plaintiff”), the landlord, filed a detainer action against Gabriel Corzo (“Defendant”), the tenant, in the General Sessions Court for Hamilton County. Judgment was entered for Plaintiff. Defendant appealed to the Circuit Court for Hamilton County (“the Trial Court”). Plaintiff filed a motion for summary judgment, which the Trial Court granted. Defendant appeals, arguing that genuine issues of material fact exist. Plaintiff asks, pursuant to the lease, for an award of attorney’s fees and costs incurred on appeal. As Defendant never responded to Plaintiff’s statement of undisputed material facts, he failed to show a genuine issue of material fact existed. We affirm. On remand, the Trial Court is to determine and award to Plaintiff its reasonable attorney’s fees and costs incurred on appeal.

Hamilton Court of Appeals

Crystal N. Howard Elser v. Curtis M. Elser
E2023-00628-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Jace Cochran

A husband challenges the issuance of an order of protection prohibiting him from contacting his wife. Finding that the evidence supports the issuance of an order of protection and that the husband has waived any objection to improper venue, we affirm.

Rhea Court of Appeals

Monoleto Delshone Green v. State of Tennessee et al.
M2024-00322-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal from an Order Granting Respondents’ Motions to Dismiss and Denying Petitioner’s Writ of Certiorari and Mandamus. Because the appellant did not file a notice of appeal 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

In Re Conservatorship of Susan Davis Malone
W2024-00134-COA-T10B-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Joe Townsend

This is the second interlocutory appeal as of right, pursuant to Tennessee Supreme Court
Rule 10B, filed by the appellants seeking to recuse the trial judge in the underlying
conservatorship action. After this Court entered its opinion and judgment in the first
interlocutory appeal, the trial judge entered several orders before the mandate was entered
with the trial court. In this second interlocutory appeal, appellants request, inter alia, that
we declare those orders void for lack of subject matter jurisdiction. After careful review,
we determine that the stay of trial court proceedings imposed by this Court in the first
interlocutory appeal remained in place until the mandate was entered. Taking into
consideration the limits of our review in a Rule 10B appeal, we vacate the trial court’s
orders entered between the time the appellants filed their second motion to recuse and the
trial court’s ruling on the recusal motion. We also vacate the trial court’s order denying
the second motion to recuse. Because the trial court’s order denying the second motion to
recuse is vacated, all remaining matters in this second interlocutory appeal are pretermitted
as moot.

Shelby Court of Appeals

Chaquana P. Williams v. Dollar General Corporations, LLC
E2023-00702-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Kyle E. Hedrick

Appellant filed a premises liability claim against the defendant store after she fell at its entrance. The trial court granted the defendant summary judgment. We affirm.

Hamilton Court of Appeals

Ann Calabria v. Corecivic of Tennessee, LLC
M2023-00424-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Amanda Jane McClendon

The mother of an incarcerated person filed suit against the prison operator for injuries
allegedly sustained when a chair in the prison visitation room collapsed as she sat in it.
The trial court denied the mother’s motion for sanctions based upon allegations of
spoliation of evidence. The trial court then granted summary judgment in favor of the
prison operator. We affirm the trial court’s decisions on both motions.

Davidson Court of Appeals

Stephen Boesch v. Scott D. Hall
E2023-00935-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge David R. Duggan

The Circuit Court for Sevier County (“the Trial Court”) dismissed the motion for summary judgment filed by Stephen Boesch (“Plaintiff”) due to his failure to file a separate statement of undisputed material facts in accordance with Tennessee Rule of Civil Procedure 56.03. The Trial Court additionally denied Plaintiff’s oral motion for default judgment against Scott D. Hall (“Defendant”) and granted Defendant’s motion for summary judgment. Plaintiff has appealed. Upon our review, we affirm the Trial Court’s judgment.

Sevier Court of Appeals

Jerome Penzich v. Lauren Woodall
E2023-01235-COA-R3-JV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge Sharon M. Green

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Johnson Court of Appeals

Blakele Bakker M.D. v. Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System
E2022-00872-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge W. Jeffrey Hollingsworth

The trial court granted summary judgment in favor of the defendant hospital in this premises liability case, finding that the defendant had no notice of the alleged dangerous or defective condition on its premises. The plaintiff has appealed. Following our review, we determine that the plaintiff was not provided notice and a reasonable opportunity to respond to all issues to be considered by the trial court at the summary judgment stage. Accordingly, we vacate the trial court’s grant of summary judgment.

Hamilton Court of Appeals

Brittany Sharayah Lehmann v. Jerry Scott Wilson
M2023-00232-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Barry R. Tidwell

The appellant challenges his convictions on two charges of criminal contempt for violating an order of protection prohibiting him from contacting his former partner. The convictions arise from two communications between the appellant and the appellee when exchanging their minor child. We have determined that the underlying orders lack the required level of clarity and contain significant ambiguities. We, therefore, reverse the convictions.

Rutherford Court of Appeals

Glen Hale v. Brian Bergmann et al.
M2022-00782-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor J.B. Cox

Two neighboring property owners had the right to use the same easement for ingress and egress. For many years, the neighbors used and maintained a shared gravel road to access their properties. Then one property owner unilaterally removed gravel from part of the road and created an alternate route. The other property owner filed suit, seeking to protect his easement rights. The trial court held the owner who damaged the road liable for “acting beyond his legal rights” and “changing the nature and character of the easement.” Among other things, the court awarded the damaged party a judgment for the costs of the repairs plus pre-judgment interest and a permanent injunction. Because the evidence preponderates against the damages awarded, we modify the judgment by reducing the award. We also vacate the permanent injunction because the damaged property owner did not seek that relief. We affirm the trial court in all other respects.

Coffee Court of Appeals

Staci L. Robinson v. Eric S. Robinson
E2023-00546-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Douglas T. Jenkins

Husband moved for relief from a final decree of divorce under Tennessee Rule of Civil
Procedure 60.02(2). He claimed that his former spouse intentionally misrepresented her
income and assets during the divorce proceedings. The trial court denied the motion. We
affirm.

Hawkins Court of Appeals