Royalton Woods Homeowner Association, Inc. v. Phillip Soholt, Et Al.
This appeal arises from a dispute between a residential homeowner association and the owners of a lot in the subdivision. The trial court granted partial summary judgment to the association upon the determination that the subject property was encumbered by the Declaration of Covenants, Conditions and Restrictions (“CCRs”), due in part to the fact that the CCRs were expressly referenced and incorporated into the Special Warranty Deed conveyed to the homeowners. The court also granted summary judgment upon the finding it was undisputed that the challenged improvements made to the property by the homeowners, the parking of commercial vehicles on the street in front of the house, and operating a business out of the home were in violation of the CCRs. Following a hearing on damages and injunctive relief, the trial court issued an injunction ordering the homeowners to remove the unauthorized improvements, stop parking commercial vehicles on the street in front of the home, and cease conducting their business out of the home, and awarded unpaid assessments and attorney’s fees to the association. On appeal, the homeowners argue that their lot is not encumbered by the restrictive covenants, the association did not have standing or authority to enforce the restrictions, and the homeowners did not violate the restrictions. Additionally, the homeowners take issue with the court’s failure to apply the doctrine of laches, its decision to summarily dismiss their slander of title claim against the homeowner association, and the award of attorney’s fees. We have determined there is a genuine dispute of fact concerning whether the homeowners were conducting their business out of the home in violation of the CCRs which precludes summary judgment; therefore, we reverse the grant of summary judgment on that claim. We affirm the trial court’s rulings in all other respects. |
Maury | Court of Appeals | |
Clyde Jason Stambaugh v. Metropolitan Government of Nashville & Davidson County, Et Al
The benefit board of a metropolitan government denied injured-on-duty benefits to a police officer with post-traumatic stress disorder. On a petition for writ of certiorari, the trial court upheld the benefit board’s decision. Finding material evidence to support the action of the benefit board, we affirm the decision of the trial court. |
Davidson | Court of Appeals | |
State of Tennessee v. Jonathon Trotter
This appeal concerns the unauthorized practice of law. The State of Tennessee (“the State”) filed a complaint in the Circuit Court for Knox County (“the Trial Court”) against Jonathon Trotter (“Trotter”) alleging that he engaged in the unauthorized practice of law. Trotter had advertised on Facebook and Craigslist that, for a fee, he would prepare various legal documents for customers. Trotter, however, was not an attorney. The State filed a motion for summary judgment, which Trotter failed to reply to in a manner compliant with the Tennessee Rules of Civil Procedure. The Trial Court granted the State’s motion with respect to liability. The Trial Court later assessed damages against Trotter. Trotter appeals, arguing material facts are disputed such that his case should survive summary judgment and proceed to trial. We find and hold that the State made a properly supported motion for summary judgment, and that Trotter failed to show that there is a genuine disputed issue of material fact. We affirm. |
Knox | Court of Appeals | |
Joshua Keller v. Janice Casteel, Et Al.
This action involves the petitioner’s termination of employment as a firefighter for the City of Cleveland. The petitioner filed a petition for writ of certiorari and sought partial summary judgment, alleging, inter alia, that the termination procedure was unlawful. The trial court agreed and granted partial summary judgment. The case proceeded to a hearing on damages, after which, the court found that the petitioner failed to exercise reasonable diligence in securing employment. The petitioner filed a motion to alter or amend. The court then altered its original order and held that material evidence existed in the record to support the termination decision, reversing the order for partial summary judgment and dismissing the action. The petitioner appeals. We reverse. |
Bradley | Court of Appeals | |
H Group Construction, LLC v. City of Lafollette
The unsuccessful bidder for certain municipal construction projects filed this action against the municipality, alleging, inter alia, that the municipality had violated its own competitive bidding ordinances and engaged in unlawful restraint of trade. The trial court granted summary judgment in favor of the municipality with regard to all claims except the bidder’s claim for damages for violation of the municipal ordinances and common law restraint of trade. In this interlocutory appeal, we have been asked to determine whether a cause of action exists against a governmental entity for common law restraint of trade and whether a bidder has a private right of action for damages against the municipality for alleged violations of municipal bidding ordinances. We determine that the municipality maintains sovereign immunity concerning any purported claim of common law restraint of trade. We further determine that because a petition for writ of certiorari would be the sole method of review of the City’s contract award, unsuccessful bidders are not authorized to bring a private cause of action for monetary damages for an alleged violation of the municipality’s competitive bidding ordinances. Accordingly, we reverse the trial court’s denial of the municipality’s motion for summary judgment and remand this matter to the trial court for entry of summary judgment in favor of the municipality. |
Campbell | Court of Appeals | |
In Re: Estate of William T. Miller
The administrator of an estate appeals the trial court’s grant of a claim against the estate for the payment of funeral expenses. We affirm. |
Monroe | Court of Appeals | |
In Re: Savannah M.
This is a parental termination case. The trial court found that clear and convincing evidence existed to terminate mother and father’s parental rights on the grounds of abandonment by conduct exhibiting wanton disregard and persistence of conditions. The trial court further found that termination was in the best interests of the child. On appeal, however, the Department of Children’s Services did not defend the trial court’s ruling as to the ground of abandonment. Although we accordingly reverse as to that ground, we affirm as to the ground of persistence of conditions and with respect to the trial court’s determination that the termination of mother’s and father’s parental rights was in the child’s best interests. |
Montgomery | Court of Appeals | |
Robert Eugene Hulan, Et Al. v. Coffee County Bank
A bank extended a line of credit to a husband and wife in 2007 and obtained as security a parcel of undeveloped property. The bank foreclosed on the property in 2009 upon the couple’s default on the loan and filed suit in 2010 to collect a deficiency judgment. The trial court’s award of a deficiency judgment was reversed on appeal. The husband and wife then filed a complaint against the bank in 2014, based on the same line of credit agreement, claiming the bank had engaged in fraud and breach of contract. The trial court granted the bank’s motion for summary judgment and dismissed the 2014 complaint, and the couple appealed. We affirm the trial court’s judgment, finding (1) the couple waived their breach of contract claim by failing to assert it as a compulsory counterclaim in the 2010 litigation and (2) the couple’s fraud claims are barred by the statute of limitations. |
Coffee | Court of Appeals | |
Gerald A. Sanford v. Tennessee Department Of Correction Et Al.
An inmate housed in a private prison filed a complaint naming several defendants including the Tennessee Department of Correction, the owner of the prison, and the owner’s employees. The complaint alleged several causes of action, including various violations of his constitutional rights, defamation, and breach of contract. All defendants filed motions to dismiss averring that the inmate failed to state any claims for which relief could be granted, and that the inmate failed to comply with the procedural requirements applicable to inmates bringing civil claims in forma pauperis. We affirm as modified. |
Wayne | Court of Appeals | |
Earl Vantrease v. CoreCivic, et al.
Earl Vantrease and Justin Howell, both of whom are inmates at Whiteville Correctional Facility, filed a complaint against several defendants alleging various claims, including the failure to provide a diet program that comports with the plaintiffs’ religious beliefs. Mr. Vantrease filed an affidavit of inability to pay costs and statutorily mandated accompanying documents. See Tenn. Code Ann. § 41-21-801, et seq. Defendants filed a motion to dismiss arguing that Mr. Vantrease failed to include all required information in his accompanying documents. The trial court agreed; it entered an order dismissing the complaint for failure to comply with Tenn. Code Ann. § 41-21-805. Mr. Vantrease appeals. We affirm the trial court’s dismissal of the complaint without prejudice. |
Hardeman | Court of Appeals | |
East Tennessee Pilot's Club, Inc. v. Knox County Tennessee, Et Al.
After a state administrative law judge concluded the proper tax classification for the property owned and operated by a private pilot’s club in 2010 and 2011 to be “farm property,” the county property assessor reclassified it in 2013 as split property, commercial and farm. The club paid its 2013 to 2016 taxes “under protest” and filed consolidated complaints in chancery court, seeking a refund under Tennessee Code Annotated section 67-5-901. The club argued that the chancery court had jurisdiction over its claim because purely legal issues were involved and the doctrines of res judicata and/or collateral estoppel prevented such reclassification. Upon determining that it lacked subject matter jurisdiction, the trial court granted the government’s motion to dismiss. We affirm. |
Knox | Court of Appeals | |
In Re Estate Of Louis Dell'Aquila
The dispositive issue on appeal is whether the Probate Court of Davidson County, Tennessee has subject matter jurisdiction over the decedent’s estate. The decedent resided in Pennsylvania most of his life. Three weeks before his death, the decedent moved into an assisted living facility in Nashville, Tennessee to be near one of his sons. Shortly following his death, the son who was nominated to be the executor filed a Petition for Letters Testamentary in Davidson County Probate Court. The decedent’s daughter from Pennsylvania contested the court’s jurisdiction, arguing the decedent was domiciled in Pennsylvania at the time of death. Following a four-day evidentiary hearing on the issue of domicile, the probate court determined the decedent was domiciled in Tennessee and admitted the will to probate. Because the evidence preponderates in favor of the trial court’s determination that the decedent was domiciled in Tennessee, we affirm. |
Davidson | Court of Appeals | |
Kim Renae Nelson v. Loring E. Justice
A mother filed a complaint seeking to establish paternity. After years of litigation, the trial court established paternity and designated mother as the primary residential parent. The trial court determined that the father engaged in conduct that necessitated limiting his residential parenting time with the child. As a result, the trial court fashioned a residential parenting schedule that severely restricted the father’s parenting time, and the father appealed. We affirm the trial court’s judgment in all respects. |
Roane | Court of Appeals | |
In Re Mickeal Z. Et Al.
This is a termination of parental rights case. The trial court found that the proof supported three grounds for termination as to both parents: substantial noncompliance with the permanency plan requirements pursuant to Tennessee Code Annotated section 36-1-113(g)(2), persistence of conditions pursuant to Tennessee Code Annotated section 36-1-113(g)(3), and failure to manifest an ability to parent pursuant to Tennessee Code Annotated section 36-1-113(g)(14). The court further found that the termination of both parents’ parental rights was in the children’s best interests. Having reviewed the record on appeal, we affirm the trial court’s finding that the proof supported the substantial noncompliance ground as to Mother, reverse its finding that the proof supported the substantial noncompliance ground as to Father, vacate the other grounds for termination against both Mother and Father based upon insufficient findings by the trial court, affirm the trial court’s finding that termination of Mother’s parental rights is in the children’s best interests, and remand the case for further proceedings consistent with our direction in this Opinion. |
Claiborne | Court of Appeals | |
Kim Renae Nelson v. Loring E. Justice
After entering an order granting Mother sole residential custody and providing Father restricted parenting time, the trial court awarded Mother discretionary costs in the amount of $45,238.85. Father appeals the trial court’s award of discretionary costs. Because Father failed to prove that the trial court abused its discretion, we affirm the award of discretionary costs. |
Roane | Court of Appeals | |
Melo Enterprises, LLC ET Al. v. D1 Sports Holdings, LLC
This appeal follows the trial court’s denial of a motion to compel arbitration as to a claim for fraudulent inducement. For the reasons stated herein, namely that there was no agreement to arbitrate such a claim, we affirm. |
Williamson | Court of Appeals | |
Melo Enterprises, LLC ET Al. v. D1 Sports Holdings, LLC - Concurring
I concur in the opinion of the Court. I write separately to address the appealability of an order compelling arbitration. |
Williamson | Court of Appeals | |
Byron L. Jackson, Jr. v. Jay Howard Crippen, et al.
At an earlier time, Byron L. Jackson, Jr. (plaintiff) and defendant Jay Howard Crippen operated a company named Swiss Technologies, Inc. There were disagreements. The parties engaged in mediation. Following mediation, the parties, including Swiss, entered into a three year consulting agreement for Jackson pursuant to which he was to be paid $30,000 annually, “less the cost of health and related insurance.” The contract provides that plaintiff “shall be entitled to health and related insurance . . . on the same term as other employees of [Swiss].” The parties stipulated that every other employee paid no more than one-half the cost of their health insurance, and employer paid the other half. Defendants Crippen and Swiss (collectively defendants) deducted the full amount of health insurance premiums from plaintiff’s pay. Plaintiff brought this action for breach of contract. The trial court held that the contract was unambiguous, and that it required defendants to pay one-half of plaintiff’s health care insurance costs. We affirm. |
Knox | Court of Appeals | |
In Re Jeffery D.
Father appeals the trial court’s decision to terminate his parental rights on the grounds of abandonment by failure to visit and abandonment by wanton disregard for the welfare of the child as well as the court’s best interest determination. Because we find clear and convincing evidence supports the trial court’s decisions regarding both grounds for termination and the best interest of the child, we affirm the judgment of the trial court. |
Lewis | Court of Appeals | |
Wendy Sterling Weinert, et al. v. City of Sevierville, Tennessee
Wendy Sterling Weinert, a former City of Sevierville police officer, brought this retaliatory discharge action against her former employer pursuant to the Tennessee Public Protection Act (TPPA), Tenn. Code Ann. § 50-1-304 (Supp. 2018). She alleged that she was discharged solely because of her whistleblowing activities of reporting an alleged incident of excessive force and alleged sexual harassment by other officers. The trial court granted summary judgment, holding that plaintiff could not establish that her termination was solely caused because of her whistleblowing activities, as required by the TPPA. We affirm. |
Sevier | Court of Appeals | |
Jill Smothers Lucchesi v. Eugene Anthony Lucchesi
In this divorce proceeding, the Husband appeals the trial court’s reliance on certain evidence in valuing the marital assets, the classification and valuation of specific assets, and failure to recuse itself. Wife appeals the award to her of alimony in solido as being insufficient. After a thorough review of the record, we affirm the court’s classification and valuation of the marital assets, with the exception of one, which we vacate and remand for further consideration; we reject Husband’s argument that the court should have recused itself. We modify the award of alimony and remand the case for the court to consider whether an additional award of alimony is appropriate. |
Shelby | Court of Appeals | |
Adrian Lynn McWilliams Et Al. v. Brenda Chaney Vaughn Et Al.
Following a bench trial, the Hamilton County Chancery Court determined that Appellants had converted the assets of a |
Hamilton | Court of Appeals | |
State of Tennessee, ex rel., Heavenney Groesse v. Christopher Lee Sumner
This appeal involves a petition for contempt of court for willful failure to pay child support related to one child. In June 2014, the mother filed a petition for contempt, alleging that the father had not paid his child support obligation as previously ordered by the trial court. Following a hearing in July 2014, the trial court magistrate found the father to be in civil contempt of court for willful refusal to pay child support and ordered the father to make a $2,600.00 “purge” payment, which the father did. Upon the father’s request, the trial court special judge conducted a rehearing in August 2016, again finding the father to be in civil contempt of court for willful refusal to pay child support. The trial court ordered a purge payment in the amount of $8,525.00, reflecting a child support arrearage that had accrued since the initial contempt hearing. Father has appealed. Discerning no reversible error, we affirm. |
Shelby | Court of Appeals | |
Anthony T. Grose, et al. v. David Kustoff, et al.
Plaintiff siblings appeal the dismissal of their legal malpractice action on the basis of the statute of limitations. Because the trial court did not comply with Henderson v. Bush Bros. & Co., 868 S.W.2d 236 (Tenn. 1993), in ruling on Plaintiffs’ motions to amend their complaints, we vacate the trial court’s judgment and remand for reconsideration. |
Shelby | Court of Appeals | |
J.W. Smith, et al. v. TimberPro, Inc., et al.
This is the second appeal of this case, which involves the destruction of a TimberPro TL735B harvester by electrical fire. In the first appeal, we affirmed the grant of summary judgment for all claims against the defendants except for claims of the breach of the implied warranties of merchantability and fitness against appellee, Woodland Equipment, Inc. (“Woodland”). After the first appeal, the trial court found that Woodland breached the implied warranty of merchantability with respect to the protective plastic covering used to cover the wires that caused the electrical fire. Nonetheless, the trial court did not hold Woodland liable, finding appellant, J.W. Smith, leaving the master switch “on” was the “last precipitating cause” of the fire. The court also determined that if an appellate court was to reverse its findings, the damages Smith would be entitled to would be $330,000 for the harvester, which was determined by subtracting the salvage value of the harvester ($45,000) from the value of the harvester before the fire ($375,000). We conclude that Smith’s failure to turn “off” the master switch was not an intervening cause, and the evidence does not preponderate against the trial court’s prospective award of damages. We affirm in part, reverse in part, and remand for further proceedings. |
Carroll | Court of Appeals |
