Gossett Motor Cars, LLC v. Hyundai Motor America, Inc. et al.
This appeal concerns a car dealership’s protest of Hyundai’s proposal to enter into a |
Davidson | Court of Appeals | |
State of Tennessee ex rel. Robin Lipski v. Jerry Burkes
The order from which the appellant, Jerry Burkes, seeks to appeal was entered on Monday, October 24, 2011. A notice of appeal was filed by the appellant on Monday, November 28, 2011, the 35th day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed. |
Greene | Court of Appeals | |
Elsie Renee Braswell v. Randy Bernard Braswell, Sr.
The order from which the appellant, Randy Bernard Braswell, Sr., seeks to appeal was entered on Wednesday, April 18, 2012. A notice of appeal was filed by the appellant on Friday, June 29, 2012, the 72nd day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed. |
Hamilton | Court of Appeals | |
In Re: Vysin C.G., Urrye E.G. and Zyren M.G.
The trial court terminated Mother’s parental rights based on abandonment for the failure to visit or support. On appeal, Mother asserts the trial court erred by determining that her failure to visit or support her children was willful. We affirm. |
Sevier | Court of Appeals | |
In Re Estate of Willie Juanell Campbell
In this appeal, numerous beneficiaries under a will challenge the trial court’s order awarding attorney’s fees of $9,024.75 out of the funds of the estate to another beneficiary who is their adversary. At an earlier time, the court had entered an order setting the attorney’s fees of that beneficiary at $34,669.25 without specifying who was responsible for the payment of those fees. On the motion of that beneficiary, the court granted a new trial on the subject of attorney’s fees. When the matter came on for the “new trial,” the court announced that it would listen to argument but would not receive substantive evidence on the subject. Following that “hearing,” the court awarded the fees now before us. The court’s order does not articulate any findings with respect to whether the attorney’s services were reasonable, necessary or benefited the estate. The “challenging” beneficiaries filed a notice of appeal. We vacate the order awarding attorney’s fees and remand to the trial court with instructions to conduct an evidentiary hearing and enter an order on attorney’s fees complying with Tenn. R. Civ. P. 52.01. |
McMinn | Court of Appeals | |
Wade Robinson, et al v. State of Tennessee
Wade Robinson and Melanie Robinson (“Plaintiffs”) sued the State of Tennessee (“State”) regarding a motor vehicle accident that resulted in the death of Plaintiffs’ son, Zachary L. Robinson. After a bench trial, the Trial Court entered its judgment finding and holding, inter alia, that the State had not violated Tenn. Code Ann. § 9-8-307(a)(1)(I) or § 9-8-307(a)(1)(J), and that the actions of Zachary L. Robinson were the sole proximate cause of the accident. We find and hold that the evidence preponderates against the Trial Court’s findings that the State did not violate Tenn. Code Ann. § 9-8-307(a)(1)(I), that the State did not violate Tenn. Code Ann. § 9-8-307(a)(1)(J), and that Zachary L. Robinson was the sole proximate cause of the accident. We find and hold that Zachary L. Robinson was 50% at fault for the accident and that the State was 50% at fault for the accident. |
Knox | Court of Appeals | |
Rebecca W. Ford v. State of Tennessee
Rebecca W. Ford (“Plaintiff”) sued the State of Tennessee (“State”) regarding a motor vehicle accident that resulted in the death of Plaintiff’s daughter, Lynsey M. Ford. After a bench trial, the Trial Court entered its judgment finding and holding, inter alia, that the State had not violated Tenn. Code Ann. § 9-8-307(a)(1)(I) or § 9-8-307(a)(1)(J), and that the actions of Zachary L. Robinson were the sole proximate cause of the accident. Plaintiff appeals to this Court. We reversed the Trial Court’s judgment as to Zachary L. Robinson being solely at fault, and held that the State was 50% at fault for the Accident in our Opinion in Robinson v. State, docket No. E2011-01540-COA-R3-CV (“Robinson v. State”), released contemporaneously with this Opinion. We, therefore, remand this case to the Trial Court for the calculation of damages awarded to Plaintiff from the State for the death of Lynsey M. Ford. |
Knox | Court of Appeals | |
Diane S. Hand v. Golden E. Hand, Sr.
The parties married twice and divorced twice. Under the terms of their second divorce decree, the wife was awarded the marital home, the husband and wife were made jointly responsible for the mortgage on the home, and the husband was ordered to pay the wife alimony in futuro of $1,200 per month. About five years after their second divorce became final, the husband filed a petition to terminate or to modify his alimony obligation. He alleged among other things that his income had declined and that his wife no longer needed his support, as demonstrated by her conveyance of the marital home without consideration to the party’s son, and her relationship with her new boyfriend. For her part, the wife petitioned the trial court to increase the husband’s alimony obligation, alleging that her need had actually increased because her physical ailments had worsened and that the monthly cost of medications to treat them had soared. The trial court denied both petitions. We affirm |
Davidson | Court of Appeals | |
In the Matter of: Jonathan S. C-B
The mother of a five year old boy alleged that the boy’s father had sexually abused him, and she petitioned the juvenile court to have the father’s visitation privileges revoked. After a long course of proceedings that included an investigation by the Department of Children’s Services, testimony by a number of mental health professionals, and a report by the guardian ad litem, the court concluded that the Mother’s allegations were unfounded, that her hostility against the father was having a detrimental effect on the child, and that it was in the child’s best interest that the father be named as the child’s primary residential parent in place of the mother. The mother raises numerous procedural issues on appeal, and she also contends that her allegations of abuse against the father were true, or at the very least that she had a good faith belief in their truth. Having carefully considered the mother’s allegations and her arguments, we affirm the trial court. |
Davidson | Court of Appeals | |
In Re: K. B. Ronald Lynn Brewer, Jr., et al. v. Ronald Lynn Brewer, Sr., et al.
This is a termination of parental rights case. The trial court concluded that it was in the best interests of the child to terminate Mother’s parental rights on the ground of severe child abuse. On appeal, the sole issue presented by Mother is whether the trial court erred in determining that termination of her parental rights was in the best interests of the child. After thoroughly reviewing the record, we affirm. |
Rutherford | Court of Appeals | |
Edward G. rochelle v. Grange Mutual Casualty Company, et al.
This appeal results from the grant of summary judgment in favor of Appellee insurance company. Appellee denied Appellant’s claim for fire loss on the ground that Appellant made material misrepresentations in the application for insurance. The trial court determined that Appellant took contradictory positions in his examination under oath and in his discovery deposition on the question of whether his application for insurance was completed when he signed it, or whether he signed it in blank before it was completed by the insurance agent. The trial court determined that Appellant’s inconsistent statements were not effective to create a dispute of material fact for purposes of summary judgment. We conclude that the motion for summary judgment was improperly granted. Reversed and remanded. |
Humphreys | Court of Appeals | |
Ashley D. Ramsay v. Starlett J. Custer
In this case, the Trial Court initially granted plaintiff a default judgment against the defendant, and set a trial on the issue of damages. Defendant was given notice of the subsequent hearing, and defendant's attorney moved to set aside the default judgment, which the Trial Court granted and dismissed plaintiff's case. Plaintiff has appealed. We affirm the Judgment of the Trial Court. |
Rutherford | Court of Appeals | |
State of Tennessee v. Christopher Hembrook
Defendant, who was arrested for DUI and subsequently refused to submit to a blood test, appeals the revocation of his driver’s license, contending that he was not properly informed of the consequences of refusal to take the test. We hold that the defendant was adequately advised under the circumstances presented and affirm the judgment of the trial court. |
Van Buren | Court of Appeals | |
In Re James Preston Hess, IV
This is an appeal from an order appointing a conservator for the adult son of divorced parents. The father contends that the evidence does not support the determinations that the son lacks the capacity to fully attend to his needs without assistance and that the appointment of a conservator is warranted; Mother contends that the father does not have standing to appeal. We affirm the court in all respects. |
Williamson | Court of Appeals | |
Cheyenne Duffer v. Keystops, LLC
This appeal arises out of a personal injury suit, wherein the plaintiff and Dewayne Duffer filed suit against a trucking company for injuries suffered in an accident and for loss of consortium as a result of the accident. Plaintiff’s employer intervened to recover worker’s compensation benefits paid to plaintiff. Soon thereafter, the trucking company discovered that plaintiff was male, had filed the action using an assumed female identity, and had lied throughout the discovery process. The trucking company filed a motion for summary judgment. The court granted the motion and dismissed plaintiff’s and employer’s complaints,finding that plaintiff had committed a fraud upon the courtand thatemployerhad failed to file suitwithin the applicable statute of limitations because plaintiff’scomplaintwas rendered void ab initio. Plaintiff and employer appeal. We affirm the dismissal of plaintiff’s complaint but reverse the dismissal of employer’s complaint. |
Davidson | Court of Appeals | |
Tony Williams et al. v. Tennessee Farmers Life Reassurance Company et al.
This action was filed after the defendant, a life insurance company, denied payment of benefits on the grounds that the decedent/insured made material misrepresentations in her application for life insurance. The specific basis for the denial was that the insured allegedly failed to disclose “methadone treatment for a narcotic addiction.” The trial court found there was no proof that the insured was taking methadone at the time of the application or that she was ever treated for “drug related problems.” On this basis, the trial court concluded the insured did not make anymisrepresentations in her application for life insurance and ordered the defendant to pay the death benefit plus pre-judgment interest. We affirm. |
Hamilton | Court of Appeals | |
In the Matter of: Justin K. C. et al.
The parental rights of the parents of three children were terminated on two statutory grounds, persistence of conditions pursuant to Tennessee Code Annotated § 36-1-113(g)(3), and substantial noncompliance with the permanency plan pursuant to Tennessee Code Annotated § 36-1-113(g)(2), and the finding that termination of their parental rights was in the children’s best interests. Both parents appeal contending the trial court erred in finding any ground existed for termination and that termination of their parental rights was in the children’s best interests. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Daniel J. Velez v. Christy M. Velez
Mother appeals the parenting plan adopted by the trial court, the award of child support, alimony and the allocation of the federal income tax dependent exemptions to Father. We affirm the trial court’s decision regarding the parenting plan and allocation of the federal income tax exemption.Finding error with the amount of income the courtimputed to Mother, and what appears to be an error regarding the cost of insurance, we reverse the award of child support and remand with instructions to impute Mother’s income based on the federal minimum wage and to recalculate the child support award in accordance with this opinion. We also hold that the trial court erred in denying Mother rehabilitative alimony,and therefore reverse and remand the issue of alimony to the trial court for a determination of the appropriate sum and duration of rehabilitative alimony. |
Montgomery | Court of Appeals | |
Kenneth Ray Henson v. Jeri Lynn Pilkington Henson
The issue presented in this divorce case is which parent should be designated as the primary residential parent of the parties’ minor children. The trial court named the Appellee/Mother primary residential parent, and Appellant/Father appeals. Discerning no error, we affirm. |
Lauderdale | Court of Appeals | |
Lisa Smith as Guardian of the Person and Estate of Rodterrius M. Tinnel (Deceased) v. State of Tennessee et al.
This appeal arises out of a wrongful death action involving numerous defendants. We dismiss the appeal as to two defendants for failure to file a timely notice of appeal. We dismiss the appeal as to the remaining defendants for lack of a final judgment. |
Rutherford | Court of Appeals | |
Daniel B. Eisenstein v. WTVF-TV, News Channel 5 Network, LLC et al.
The plaintiff, a public official, sued the defendants for libel and false light invasion of privacy. The defendants filed a motion for summary judgment based on the truth of the statements. The plaintiff sought to complete discovery before the motion was heard. The trial court granted the defendants’ motion and plaintiff appealed. We affirm the grant of summary judgment as to the libel claims, but reverse the grant of summary judgment as to some of the false light claims. |
Davidson | Court of Appeals | |
Donnell T. Porter v. Prestige Auto Sales, Inc.
Buyer purchased used automobile and signed contract stating the vehicle was being sold “as is” and without any warranties. After the transaction was completed and Buyer complained to Seller that the power steering was not working properly, Seller agreed to credit Buyer’s account with the cost of repairing the power steering. Buyer was unwilling or unable to pay for the repair out of his own pocket, and Seller ultimately repossessed the vehicle. Buyer sued Seller for breach of contract and trial court awarded Buyer damages. Seller appealed and we affirm the trial court’s judgment. Seller modified the parties’ original contract when it agreed to compensate Buyer for the cost of repairing the vehicle. |
Davidson | Court of Appeals | |
In Re: Haily A. S.
Mary G. (“Foster Mother”) filed a petition in the Chancery Court for Putnam County (“the Trial Court”) to adopt Haily A. S. (“the Child”), then under the guardianship of the Tennessee Department of Children’s Services (“DCS”). The Child’s paternal grandparents, Marvin S. and Sandra S. (“the Grandparents”), filed an intervening petition to adopt the Child and shortly thereafter filed a motion to intervene. DCS filed a motion to dismiss the Grandparents’ petition. After a hearing at which the parties’ respective counsels made their arguments, the Trial Court granted DCS’s motion to dismiss the intervening petition for adoption. The Grandparents appeal, arguing that the Trial Court should have permitted them to present evidence on the issue of the Child’s best interest. We hold that because DCS, the Child’s guardian, did not consent to the Grandparents’ adoption of the Child, the Grandparents’ intervening petition properly was dismissed. We affirm the judgment of the Trial Court. |
Putnam | Court of Appeals | |
In Re: Mariah K. D.
The great aunt and the great-grandmother of a little girl obtained an emergency order giving them temporary custody of the child when she was less than eight months old. The child’s mother was informed that she was entitled to appear at a preliminary hearing and an adjudicative hearing on a more permanent custody order, but she failed to appear for those hearings. The trial court found that the child was dependent and neglected, and awarded custody of the child to her two older relatives. They subsequently filed a petition to terminate the parental rights of the mother on the grounds of abandonment and of persistence of conditions. The trial court found that both grounds were proved and granted the petition. We affirm the termination on the ground of persistence of conditions. |
Lincoln | Court of Appeals | |
Robert Keenan, Sr., et al. v. Barry C. Fodor, et al.
This case arose from a dispute between neighbors over the ownership of an elaborate stone and metal gate used for entry into both their residential properties. The predecessors-ininterest of the defendants installed the gate at their own expense, placing it on an easement over the plaintiffs’ adjoining lot. The plaintiffs decided to sell their house, and included a picture and a description of the gate in their real estate listing and advertisements. The defendants asserted that they owned the gate and compelled the plaintiffs’ realtor to remove all mention of the gate from sales materials. The plaintiffs then filed a complaint to quiet title. After a bench trial, the court found that the gate belonged to the defendants and dismissed the plaintiffs’ complaint. The plaintiffs argue on appeal that the trial court erred because the gate is a fixture and, thus, that it has become part of the plaintiffs’ property by operation of law. We affirm the trial court. |
Cheatham | Court of Appeals |
