Myrtle Robinson, et al. v. Kenneth A. Okpor, MD, et al.
The trial court granted summary judgment to the Appellee medical providers on the basis of Appellant’s failure to comply with the health care liability notice provisions, expiration of the applicable statute of limitations, failure to state a claim upon which relief can be granted, and res judicata. We affirm as to the trial court’s ruling that Appellant’s claims are barred by the doctrine of res judicata. |
Shelby | Court of Appeals | |
Lasco Inc. v. Inman Construction Corp., et al.
The trial court vacated an arbitration award of attorney’s fees in favor of the defendant general contractor and its surety, concluding that such award exceeded the power of the arbitrator. We reverse and remand to the trial court for the entry of an order confirming the arbitration award and a determination of the reasonable attorney’s fees of the general contractor and its surety. |
Shelby | Court of Appeals | |
In Re: Kayla E., et al
Mother appeals the finding that termination of her parental rights to her child was in the child’s best interest. Finding no error, we affirm. |
Lawrence | Court of Appeals | |
Donna Ray v. Angela Petro
This is a breach of contract case arising from a sub-lease between a salon owner and her tenant.After Lessor terminated the Lease Contract,Lessee filed suit in general sessions court for damages. The general sessions court awarded Lessee $15,000 in damages. Lessor appealed to circuit court, which granted competing motions for summary judgment in favor of both Lessor and Lessee. Lessee appealed. The judgment of the trial court is vacated and remanded, due to Tenn. R. Civ. P. 56.04 deficiencies in the trial court’s order. |
Davidson | Court of Appeals | |
Charles W. Hendricks v. Lori A. Smith
This appeal arises from a dispute over child custody. Charles W. Hendricks (“Father”) and Lori A. Smith (“Mother”) entered into an agreed permanent parenting plan concerning their two minor children (“the Children”). Less than two weeks after entry of the plan, Father filed a motion for custody of the Children in the Juvenile Court for Hamilton County (“the Juvenile Court”) alleging that the parenting plan had been procured by fraud as Mother had not disclosed that she worked as a licensed prostitute in Nevada. The Magistrate found a material change in circumstances and that it was in the best interest of the Children for Father to have custody. Mother appealed to the Juvenile Court. After a trial, the Juvenile Court found a material change in circumstances based on Mother’s having worked as a prostitute and her having concealed that fact, as well as Mother’s hostility to Father and the Children’s stepmother. The Juvenile Court entered a permanent parenting plan designating Father as primary residential parent of the Children. Mother appealed to this Court. Because the Juvenile Court did not conduct a best interest analysis, we vacate the judgment of the Juvenile Court and remand for further proceedings as necessary. |
Hamilton | Court of Appeals | |
Shelby County Government, et al. v. City of Memphis, et al.
In this accelerated interlocutory appeal from the denial of a recusal motion, the newly-elected trial court denied a recusal motion on the basis that he continued to represent one of the parties to the litigation in unrelated matters while winding down his law practice. The opposing parties filed an accelerated interlocutory appeal pursuant to Tennessee Supreme Court Rule 10B. Because this situation creates an appearance of impropriety, we reverse the judgment of the trial court. |
Shelby | Court of Appeals | |
Jerterrius Marshawn Akridge Et Al. v. Fathom, Inc. et al.
This is an interlocutory appeal regarding the trial court’s denial of the defendants’ motions for summary judgment. The plaintiffs filed this lawsuit following a shooting that occurred on December 24, 2011, outside Club Fathom in Chattanooga, a youth outreach ministry operated by two of the defendants. The defendants moved for summary judgment. The trial court denied their motions, and the defendants sought and were granted an interlocutory appeal. We determine that the court erred in failing to grant summary judgment to the defendants regarding the plaintiffs’ negligence claims. We therefore reverse the judgment of the trial court. We remand the case for entry of summary judgment regarding the plaintiffs’ negligence claims and for a determination regarding the remaining lease issue. |
Hamilton | Court of Appeals | |
Steven Rezba v. Michael Rezba
Father brought suit against Son in general sessions court for repayment of certain alleged debts. After Father’s case was dismissed, he appealed to circuit court, which also dismissed Father’s claims after a trial. Based on the record on appeal, sufficient facts exist to support the trial court’s determination, and the decision of the trial court is affirmed. |
Williamson | Court of Appeals | |
Susan Anne Ogles v. Thomas Wayne Ogles
This is an appeal from a three-day divorce trial. The trial court classified and valued the parties’ assets and divided the marital estate. The court awarded the wife $2,000 per month in transitional alimony for a period of 14 months, and it denied the parties’ requests for attorney’s fees. The wife appeals, challenging the trial court’s classification and valuation of certain assets, the alimony award, and the trial court’s decision to deny her request for attorney’s fees. Discerning no error, we affirm. |
Coffee | Court of Appeals | |
Mark Miller v. Annie Miller
Plaintiff/Appellee Mark Andrew Miller (“Father”) filed a petition for contempt against Defendant/Appellant Annie Elizabeth Miller(“Mother”). After conducting a hearing, the trial court found Mother guilty of two counts of criminal contempt. Mother appealed asserting that the trial court lacked jurisdiction over the matter or, alternatively, that the evidence did not support a finding that she acted willfully. Although we conclude that the trialcourthad jurisdiction to adjudicate Father’s petition for contempt,we agree with Mother that the contempt convictions should be overturned. We reverse. |
Davidson | Court of Appeals | |
In Re Brian M et al.
This is a termination of parental rights appeal brought by the incarcerated father. The trial court found clear and convincing evidence to support termination of the father’s parental rights on the statutory grounds of abandonment and confinement under a sentence of ten years or more. The court further found that termination of the father’s parental rights was in the best interest of the children. The father appeals. We affirm. |
Knox | Court of Appeals | |
Lori Kay Jones Trigg v. Richard Darrell Trigg
This is an irreconcilable differences divorce case. The trial court entered a final judgment of divorce that incorporated the parties’ mediated marital dissolution agreement. Shortly thereafter, Husband filed a motion to set aside or to alter or amend the final judgment, claiming he was under duress when he entered into the marital dissolution agreement and also claiming that the trial court was required to conduct a hearing before entering the final judgment. The trial court disagreed and denied Husband’s motion. We affirm. |
Hawkins | Court of Appeals | |
Cathy Turnbo Franks v. Ronald Franks
This appeal involves various financial issues relative to a divorce. Husband appeals the trial court’s determination of several factual findings relative to alimony, including Wife’s ability to secure employment, Husband’s ability to earn in the future, the award of attorney’s fees to Wife, and the value of several marital assets divided in the property division, including the value of an LLC jointly owned by the parties. Wife also appeals the trial court’s determination of value and the division of the parties’ joint interest in the LLC, which the trial court awarded to Husband without assigning a value. We vacate the judgment of the trial court and remand for appropriate findings of fact and conclusions of law. |
Court of Appeals | ||
In Re Bryce F.
The State of Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of Lori D.F.P. (“Mother”) to the minor child Bryce F. (“the Child”). After a trial the Juvenile Court for Knox County (“the Juvenile Court”) terminated Mother’s parental rights to the Child after finding and holding, inter alia, that grounds had been proven by clear and convincing evidence to terminate Mother’s parental rights for abandonment by willful failure to pay child support pursuant to Tenn. Code Ann. § 36-1- 113(g)(1) and Tenn. Code Ann. § 36-1-102(1)(A)(i); for failure to substantially comply with the permanency plan pursuant to Tenn. Code Ann. § 36-1-113(g)(2); and for severe child abuse pursuant to Tenn. Code Ann. § 36-1-113(g)(4), and that the termination was in the Child’s best interest. Mother appeals to this Court. We find that the evidence does not preponderate against the Juvenile Court’s findings made by clear and convincing evidence, and we affirm. |
Knox | Court of Appeals | |
Dennis Turner et al v. City of Bean Station et al
Dennis Turner was injured while playing softball in a charity tournament at Marvin Rich Field in Bean Station. He sued the City of Bean Station, among other defendants, alleging that the City negligently failed to properly maintain the pitcher’s mound, pitcher’s rubber, and the field as a whole, resulting in his injury. The City moved for summary judgment, arguing that its governmental immunity is not removed by the Governmental Tort Liability Act (GTLA), which removes immunity for “any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by [a] governmental entity.” Tenn. Code Ann. § 29-20-204(a)(2012) (emphasis added). The City presented proof establishing that it does not own Marvin Rich Field. The trial court denied the motion but granted permission for an interlocutory appeal. We reverse the trial court’s judgment and grant the City’s motion for summary judgment. |
Grainger | Court of Appeals | |
In Re V.L.J. et al
This is a parental termination case. It focuses on the three children of a married couple, D.G.B. (Mother) and D.C.B. (Father), and Mother’s child (V.L.J.) from an earlier relationship. The four children came into the custody of the Department of Children’s Services (DCS) in 2009. Nearly four years later, DCS filed a petition to terminate the rights of the parents. Following a trial, the court granted the petition based upon its finding (1) that multiple grounds for termination exist and (2) that termination is in the best interest of the children. Both findings were said by the trial court to be made by clear and convincing evidence. Mother and Father appeal. We affirm. |
Blount | Court of Appeals | |
Leon Dickson, Sr. v. Sidney H. Kriger, M.D.
Patient brought a health care liability action against his eye surgeon, alleging that the surgeon’s negligence in performing a LASIK procedure resulted in several eye injuries. The trial court granted a directed verdict for the surgeon, finding the patient failed to present evidence establishing the standard of care and causation. Because we find the evidence was sufficient to create an issue for the jury, we reverse and remand to the trial court. |
Shelby | Court of Appeals | |
Aurora Loan Services, LLC v. Yvette D. Woody, et al.
In this detainer action, the trial court granted summary judgment in favor of the loan servicing company. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Dietrich Hill, et al. v. City of Memphis, et al
This case arises out of an investigation by the Memphis police department of a business suspected of selling illegal inhalants. The business owner was arrested and charged with the criminal sale of inhalants. The police seized bank accounts belonging to the owner and two corporations related to the business and instituted forfeiture proceedings regarding the funds in those accounts. The bank account owner and the two corporations filed suit against the city and multiple police officers seeking damages pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1988. The trial court granted the city’s motion to dismiss for failure to state a claim upon which relief could be granted. In denying the plaintiff’s motion to alter or amend, the trial court stated that the amended complaint failed to allege any Fourth or Fifth Amendment violations, the grounds upon which the plaintiffs sought relief. With respect to the only remaining individual defendant, the trial court denied the plaintiffs’ motion to amend the first amended complaint, holding, in part, that the existence of adequate post-deprivation remedies precluded any Fourth or Fifth Amendment claims. We affirm. |
Shelby | Court of Appeals | |
George Ernest Diggs v. David Lingo, et al.
This is an appeal from an order denying a motion to compel arbitration. The beneficiaries of a trust filed this lawsuit against the trustee alleging trustee self-dealing arising from a transaction in which the trustee and his wife purchased certain real property from the trust as tenants by the entirety. The beneficiaries sought to set aside a portion of the sale. The trustee filed a motion to compel arbitration pursuant to an arbitration clause in the trust agreement. The beneficiaries opposed the motion, arguing that they could not be compelled to arbitrate their claims against the trustee’s wife. The trial court agreed and denied the motion. The court found that the trustee’s wife was a necessary party to the resolution of the dispute, but because she was not a party to the trust agreement, there was no enforceable arbitration agreement between her and the beneficiaries. We affirm the decision of the trial court. |
Henry | Court of Appeals | |
Metropolitan Government of Nashville, et al. v. Robert W. Donaldson, Jr.
Defendant appeals a judgment holding that he ran a stop sign, contending that the court did not have subjectmatter or in personam jurisdiction over the matter, and that the Metropolitan Government of Nashville and Davidson County lacked standing to bring the action. We affirm the decision of the trial court. |
Davidson | Court of Appeals | |
Susan Sirbaugh v. Vanderbilt University, d/b/a Vanderbilt University Medical Center, et al.
The plaintiff in this interlocutory appeal filed a complaint asserting health care liability claims against the original defendants, at which time she included a certificate of good faith in accordance with Tennessee Code Annotated section 29-26-122. The original defendants asserted comparative fault against non-party health care providers. The plaintiff waived compliance by the original defendants with section 29-26-122(b), which required the defendants to file a certificate of good faith regarding the non-party health care providers. The plaintiff thereafter amended her complaint to add the named non-party health care providers as new defendants but did not file a new certificate of good faith. The new defendants moved to dismiss the amended complaint. The trial court denied the motions and granted this interlocutory appeal. We reverse. |
Davidson | Court of Appeals | |
Bryan Dewayne Clark v. Jennifer Inez Clark
This appeal arises from divorced parents’ child custody dispute. After Mother was arrested twice for driving under the influence, Father requested that he be designated as the primary residential parent and that Mother have supervised parenting time only. Without making any specific factual findings, the trial court found that there had been a “substantial and material change in circumstances” since the prior custody order, and the trial court designated Father as the primary residential parent. Mother’s parenting time was decreased by 196 days, her decision-making authoritywas removed, and she was ordered to pay child support to Father. Because the trial court’s order fails to comply with Tennessee Rule of Civil Procedure 52.01, we vacate the trial court’s judgment and remand. |
Sumner | Court of Appeals | |
In Re: Donald C., et al
Mother’s parental rights to her children were terminated on grounds of abandonment by failure to visit, persistence of conditions, and noncompliance with a permanency plan. Mother challenged the ground of abandonment, arguing there was a no contact order in place that prevented her from visiting her children. When the no contact order was put into place, Mother was informed she would be able to visit her children if she passed drug tests and took parenting classes. Mother continued to test positive for illegal drugs and failed to take advantage of services offered by the Department of Children’s Services. We affirm the trial court’s judgment that Mother abandoned her children by failing to visit them and that it is in their best interest to terminate her rights. A petition for custody that may have been pending when Mother’s rights were terminated is part of a different proceeding and does not render the court’s decision to terminate Mother’s rights premature. |
Dickson | Court of Appeals | |
Cedric Jones, Sr. v. State Farm Fire & Casualty
Suit for breach of contract to recover on a homeowners policy for losses sustained when policyholder’s home was allegedly burglarized and was allegedly damaged as a result of a storm. Upon defendant’s motion, the trial court granted summary judgment, holding that the insurance company defendant had demonstrated that policyholder could not meet his burden of proof as to any of his claims. After a thorough review of the record, we discern no error and affirm the judgment of the trial court. |
Davidson | Court of Appeals |
