Starlink Logistics, Inc. v. Acc, LLC, et al
This appeal stems from an environmental dispute involving the Appellant, StarLink Logistics Inc. (“StarLink”), the Tennessee Department of Environment and Conservation (“TDEC”), and Appellee ACC, LLC (“ACC”). StarLink appeals the trial court’s affirmance of an order of the Tennessee Solid Waste Disposal Control Board (“Board”), which had adopted a consent order entered into between TDEC and ACC. We affirm in part, and remand the case to the trial court for further remand to the Board for further proceedings consistent with this Opinion. |
Davidson | Court of Appeals | |
Stephanie J. Solima v. David J. Solima
This appeal arises out of Mother’s and Father’s opposing motions to modify a parenting plan. Both of the parties and the court agreed that there had been a material change in circumstance warranting a modification of the plan. After a hearing, the court largely adopted Mother’s proposed parenting plan and reduced Father’s residential parenting time. The court also denied Mother’s request for attorneys’ fees. Shortly after the new parenting plan was entered, Mother filed a motion for a one-time modification of the plan to allow the child to attend a school trip that coincided with both parties’ parenting time. After a hearing, the court granted Mother’s motion. Father appealed the new parenting plan and the one-time modification. We find the modification issue moot and, therefore, dismiss that portion of Father’s appeal. We affirm the trial court’s judgment in all other respects. |
Williamson | Court of Appeals | |
Leisa Reed v. Randell Thurman et al.
This appeal stems from the trial court’s finding that an implied partnership existed between Plaintiff and one of the Defendants with respect to a cattle-raising venture. Despite finding that the parties had already entered into a complete settlement regarding the partnership checking account and remaining partnership cattle, the trial court found that certain partnership assets had not been settled. The trial court’s final decree directed that Plaintiff be paid one- half of the fair market value of these assets, and stated that if no agreement could be reached concerning their value, the items should be sold and the proceeds divided equally. We affirm in part, reverse in part, and remand the case for further proceedings as are necessary and consistent with this Opinion. |
Rhea | Court of Appeals | |
Dennis Smith v. George Testerman, M.D. et al.
This is a case alleging negligence by the defendants which resulted in injury to a patient, Dennis Smith. Following hernia surgery, Mr. Smith was fitted for a wound vacuum because an infection had developed at the surgical site. A sponge was placed to absorb the infection. The defendants removed the wound vacuum when the infection dissipated, but they failed to remove the sponge, which later caused the wound to burst. Mr. Smith filed suit, and the defendants asserted that dismissal was appropriate because Mr. Smith had not complied with the filing requirements of the health care liability statute. Mr. Smith 1 responded that his complaint sounded in ordinary negligence, not health care liability. The trial court agreed and denied the motions but also granted permission for the defendants to pursue an interlocutory appeal. We granted the application for permission to appeal and now reverse the decision of the trial court. |
Sullivan | Court of Appeals | |
Edwin P. Osborne v. Tennessee State Board of Accountancy
An accountant appeals the dismissal of his petition for judicial review of an order of the Tennessee State Board of Accountancy. The trial court dismissed the petition for review for lack of subject matter jurisdiction. Because we find the petition for review was not timely filed, we affirm. |
Davidson | Court of Appeals | |
Frank Manning, et al v. Amy Emmitt Manning
In this grandparent visitation case, the trial court awarded grandparents visitation with the child at issue, finding that there was “some deprivation” of visitation by the child’s mother. We vacate the judgment of the trial court and remand for further proceedings to determine whether the child’s mother opposed visitation, as that phrase is defined in Huls v. Alford, No. M2008-00408-COA-R3-CV, 2008 WL 4682219 (Tenn. Ct. App. Oct. 22, 2008). |
Maury | Court of Appeals | |
William Hunter Babcock v. Sonnia Elizabeth Babcock
A married couple entered into a business partnership prior to their marriage. This is a consolidated appeal from the parties’ divorce action and their partnership dissolution action. We affirm the trial court’s decision to adjudicate the partnership dissolution action and the divorce action separately, based on Wife’s failure to raise any argument on this issue in the trial court. With regard to the remaining issues, however, we vacate the judgment of the trial court and remand for findings of fact and conclusions of law pursuant to Rule 52.01 of the Tennessee Rules of Civil Procedure. |
Hamilton | Court of Appeals | |
William Hunter Babcock v. Sonnia Elizabeth Babcock
A married couple entered into a business partnership prior to their marriage. This is a consolidated appeal from the parties’ divorce action and their partnership dissolution action. We affirm the trial court’s decision to adjudicate the partnership dissolution action and the divorce action separately, based on Wife’s failure to raise any argument on this issue in the trial court. With regard to the remaining issues, however, we vacate the judgment of the trial court and remand for findings of fact and conclusions of law pursuant to Rule 52.01 of the Tennessee Rules of Civil Procedure. |
Hamilton | Court of Appeals | |
Ophelia Carney v. Santander Consumer USA
The order appealed is not a final judgment, and therefore, we dismiss this appeal for lack of jurisdiction. |
Madison | Court of Appeals | |
Betsy Stibler v. The Country Club, Inc.
Betsy Stibler ("Plaintiff") sued The Country Club, Inc. ("Defendant") alleging, among other things, that Defendant had created a nuisance by planting trees on Defendant's real property adjacent to Plaintiff's real property. Defendant filed a motion for summary judgment. After a hearing the Chancery Court for Hamblen County ("the Trial Court") granted Defendant summary judgment after finding and holding that Plaintiff could not prove that the trees planted by Defendant constituted a nuisance. Plaintiff appeals to this Court. We find and hold that there are no genuine disputed issues of material fact and that Defendant is entitled to judgment as a matter of law, and we affirm. |
Hamblen | Court of Appeals | |
In Re: Kim C., et al
This is a termination of parental rights case. The trial court terminated Appellants/Parents’ parental rights on the grounds of: (1) abandonment by failure to provide suitable housing; (2) substantial non-compliance with the permanency plans; and (3) persistence of conditions. Because the grounds for termination of Appellants’ parental rights are met by clear and convincing evidence, and there is also clear and convincing evidence that termination of parental rights is in the best interests of the Children, we affirm and remand. |
Rutherford | Court of Appeals | |
Diaz Construction v. The Industrial Development Board of The Metropolitan Government of Nashville And Davidson County, et al.
A subcontractor filed suit to enforce a mechanic’s lien. The subcontractor, which was also a remote contractor, was required by Tenn. Code Ann. § 66-11-145(a) to serve a notice of its claim of nonpayment on the owner of the project as well as on the “prime contractor in contractual privity with the remote contractor.” The subcontractor notified the owner, but it did not notify the prime contractor. The subcontractor asserted it was not required to notify the prime contractor because it had no contractual relationship with the prime contractor. The defendants moved to dismiss the subcontractor’s complaint due to its failure to comply with the statute and notify the proper parties. The trial court granted the motions and dismissed the subcontractor’s lien claims. The subcontractor appealed, and we affirm the trial court’s judgment. The subcontractor is required by statute to notify both the owner and the prime contractor of the project of nonpayment. |
Davidson | Court of Appeals | |
In Re Kinsley H.
The order appealed is not a final judgment and therefore, the Court lacks jurisdiction to hear this matter. Consequently, this appeal is hereby dismissed. |
Tipton | Court of Appeals | |
In Re S.C.M. Et Al.
This is a termination of parental rights case regarding S.C.M. and T.O.J.M. (collectively, the Children), the minor children of H.C. (Mother) and B.M. (Father). After both parents were arrested, the Children’s maternal grandparents, R.R. and T.R. (collectively, the Grandparents) obtained temporary, emergency custody. Nearly three years later, the Grandparents filed a petition seeking to (1) terminate both parents’ rights and (2) adopt the Children. Following a trial, the court terminated both parents’ rights. Father appeals. We affirm. |
Hawkins | Court of Appeals | |
In Re K.M.K. et al
K.M.K. (Father) appeals the trial court’s judgment terminating his parental rights to his son, K.M.K., and his daughter, K.M.K. (collectively, the Children). The petitioner, Department of Children’s Services (DCS), removed the Children from their mother’s home after it found them living in unsafe and unsanitary conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. Nine months later, DCS filed a petition to terminate the parental rights of both parents. The trial court terminated 1 Father’s rights based upon findings of (1) abandonment, (2) substantial noncompliance with a permanency plan, and (3) persistence of conditions. The trial court also determined that termination is in the best interest of the Children. Father appeals. We affirm the judgment of the trial court as modified in this opinion. Those modifications do not affect the trial court’s decision to terminate Father’s parental rights, which ultimate decision we affirm. |
Bradley | Court of Appeals | |
In Re R.S.M.
A.E.M. (Mother) surrendered parental rights with respect to her minor daughter, R.S.M. (the Child), to prospective adoptive parents, P.B.G. and D.R.G. (collectively, Respondents). M.S.M. and M.W.M. (Grandparents), the Child’s maternal grandparents, filed a complaint seeking to intervene in the surrender by A.E.M. of her parental rights. At trial, the court found (1) that the burden of proof was on Grandparents to establish, by clear and convincing evidence, that it was in the Child’s best interest to remove her from Respondents, and (2) that they failed to meet their burden. The court dismissed Grandparents’ complaint. They appeal. We affirm. |
Washington | Court of Appeals | |
Delwin L. Huggins et al v. R. Ellsworth McKee et al.
This is the second appeal in this action involving a dispute over setoff claims related to a bankruptcy proceeding. The action commenced when the original plaintiff, Delwin L. Huggins, filed a complaint against the defendants, R. Ellsworth McKee and Alternative Fuels, LLC (“AF”), in December 2007. In July 2009, Mr. Huggins filed for Chapter 7 bankruptcy. In that proceeding, John P. Konvalinka purchased Mr. Huggins‟s interest in this action and was subsequently joined as a substitute plaintiff. Following consideration of the defendants‟ motion for judgment on the pleadings, the trial court dismissed Mr. Konvalinka‟s claims. Upon appeal, this Court affirmed the dismissal as to Mr. Konvalinka‟s claims against Mr. McKee but reversed as to the claims against AF. Upon remand, the trial court dismissed Mr. Konvalinka‟s claims against AF as moot. Having determined that the trial court failed to explain its conclusion that no relief would be possible, we vacate the judgment. |
Hamilton | Court of Appeals | |
S.W., by Heather Warren and Thomas C. Warren, as his natural parents and next friends v. Baptist Memorial Hospital, et al.- Concur
I concur in the result reached by the majority opinion. I reach my conclusion, however, applying the abuse of discretion standard to the court’s action in imposing the specific restrictions and conditions in the protective order. |
Shelby | Court of Appeals | |
S. W., by Heather Warren and Thomas C. Warren, as his natural parents and next friends v. Baptist Memorial Hospital, et al. - Concur
I concur in the result reached by the majority Opinion that the trial court erred in imposing additional restrictions on Defendants’ counsel with regard to the requested ex parte interviews in this particular case. I write separately, however, to express my concern regarding the implications of this ruling, as fully explained in my separate concurrence in Dean-Hayslett v. Methodist Healthcare, No. W2014-00625-COA-R10-CV, 2015 WL 277114 (Tenn. Ct. App. Jan. 20, 2015) (Stafford, J., concurring). Specifically, I agree with the majority’s interpretation of Tennessee Code Annotated 29-26-121(f), and its holding that the statute, as interpreted, does not authorize the trial court to impose the additional restrictions at issue in this case. However, I have genuine concern that the practical effect of the majority’s holding limits the inherent power of the trial court to both enforce its orders and protect litigants from unfair invasions of their privacy. As such, I must respectfully file this separate concurrence, in reliance on and fully incorporating my concurrence in Dean-Hayslett. See 2014 WL 277114, at *14–*17. |
Shelby | Court of Appeals | |
In Re: J.A.G. et al.
This is a parental termination case concerning the four minor children (collectively, the Children) of L.Y.N.G. (Mother) and K.B.G. (Father). The Department of Children’s Services (DCS) was already involved with the family when it took emergency custody of the children following an incident of domestic violence between the parents. The children were placed together in fostercare with relatives. They were adjudicated dependent and neglected. Fifteen months later, DCS filed a petition to terminate the parental rights of both parents. The court granted the petition based on its finding, byclear and convincing evidence, (1) that multiple grounds for termination existed and (2) that termination was in the children’s best interest. Mother and Father appeal. They challenge the trial court’s finding of grounds for termination, but do not raise an issue as to the trial court’s determination regarding the Children’s best interest. We affirm. |
Putnam | Court of Appeals | |
Cynthia McKenzie v. Jason McKenzie
An attorney, who was representing herself in her divorce action, appeals the trial court’s finding that she was in direct contempt of court. She insists her conduct was not contemptuous and it did not disrupt the orderly progress of the hearing. She also challenges the procedure bywhich the trial court conducted the summary contempt hearing, asserting it was erroneously held hours after the successful completion of the hearing in which she was allegedly in contempt of court. She also challenges the sufficiency of the evidence and contends the trial court erred by basing its finding of contempt on extraneous evidence instead of relying solely on knowledge the judge obtained through his own senses, his sight and hearing. A trial court has the authority to punish direct contempt summarily but only in exceptional circumstances when necessary to“act swiftly and firmly to prevent contumacious conduct from disrupting the orderly progress” of a court proceeding. Danielsv.Grimac,342 S.W.3d 511, 517 (Tenn. Ct. App. 2010); State v. Turner, 914 S.W.2d 951, 956-57 (Tenn. Crim. App. 1995); Robinson v. Air Draulics Eng’g Co., 377 S.W.2d 908, 911-12 (Tenn. 1964). The transcript of thehearingrevealsnoexceptionalcircumstances and no conduct that obstructed the administration of justice. To the contrary, all issues at the hearing during which the alleged contemptuous conduct occurred were ruled upon, and the hearing concluded hours before the commencement of the summary contempt hearing. Based on these facts, Plaintiff was entitled to a hearing upon proper notice pursuant to the procedures of Tenn. R. Crim. P. 42(b). See Grimac, 342 S.W.3d at 517-18 (citing Turner,914S.W.2dat 959 n. 11). Therefore, the court erred by conducting a deferred summary contempt hearing. Furthermore, the trial court found the attorney in contempt, “in willful misbehavior in her official transactions by appearing in Court intoxicated,” based on extrinsic evidence, urinalysis results, obtained after the hearing in question,not on conduct the court observed in the courtroom. Tennessee Rule of Criminal Procedure42(a),which governs the procedure by which a judge may summarily punish a person for criminal contempt,limits the evidence that may be considered to conduct the judge “saw or heard” in the courtroom. See Wilson v. Wilson, No. 03A01-9104-CH-00126, 1992 WL 200971, at *4 (Tenn. Ct. App. Aug. 21, 1992). Because the finding of intoxication was based on extrinsic evidence, the criminal contempt judgment must be reversed. The record also reveals the extrinsic evidence, thetest results the court relied upon, was unreliable, for it was only designed to test the“presence”of any alcohol for persons in recovery, not whether a person was “intoxicated.” Therefore, the judgment of criminal contempt is reversed and the case is dismissed. |
Davidson | Court of Appeals | |
Sherrie L. Durham v. Tennessee Department of Labor And Workforce Development, et al
The trial court denied Plaintiff’s motion to recuse and granted Defendants’ motion to dismiss for failure to prosecute. We reverse in part, affirm in part, and remand for further proceedings consistent with this Opinion. |
Court of Appeals | ||
Michael David Olson v. Jennifer Carlin Beck
In this divorce appeal, Husband argues that the trial court erred in not allowing him to repudiate the parties’ marital dissolution agreement. Husband also asserts that the trial court erred in its determination regarding the parenting plan, in failing to consider split parenting time, and in awarding Wife her attorney fees. We find no merit in Husband’s arguments and affirm the trial court’s decision. |
Davidson | Court of Appeals | |
Directv, Inc., et al v. Richard H. Roberts, Commissioner of Revenue, State of Tennessee
Plaintiffs contend that the sales tax law unconstitutionally discriminates against satellite television providers. The law taxes the entire subscription fee billed to satellite customers while the first $15 of the subscription fee billed to cable customers is exempt. On cross motions for summary judgment,the trial court found the sales tax law violated the Commerce Clause of the United States Constitution. The Commissioner of Revenue appeals. Because we find that satellite providers and cable providers are not similarly situated for purposes of the Commerce Clause, we reverse. |
Davidson | Court of Appeals | |
Cody S. Thomas v. Jenna R. (Thomas) Miller
In this post-divorce case, Father filed a petition to modify the permanent parenting plan to make him the primary residential parent and to hold Mother in contempt for failure to abide by the joint decision-making provision of the plan. The trial court found a material change of circumstances existed warranting a change in the primary residential parent and held Mother in contempt, awarding Father $675.00 in attorney’s fees as a sanction. Mother appeals. We find no error in the trial court’s decision to change the primary residential parent;however,we vacate the trial court’s finding of contempt because Father’s petition did not comply with the mandates of Tenn. R. Crim. P. 42(b). |
Moore | Court of Appeals |
