In Re Fisk University
After finding that cy pres relief was available to modify conditions imposed by donor of artwork which had been gifted to Fisk University, the trial court approved agreements whereby the Crystal Bridges Museum would purchase a fifty percent interest in the art for $30 million and would thereafter share in the display and maintenance of the artwork. The court conditioned approval of the agreements on the requirement that Fisk establish an endowment of $20 million from the proceeds of sale in furtherance of the donor’s intent to make the art available for the citizens of Nashville. The Attorney General of Tennessee appeals, contending that the trial court exceeded the scope of remand and that the court erred in determining that the agreement with the Crystal Bridges Museum most closely reflects the donor’sintent. Fisk seeks review of trialcourt’s requirementthatitestablish the endowment. We affirm the trial court’s decision in part, reverse in part, and remand for further proceedings. |
Davidson | Court of Appeals | |
In Re Fisk University - Concurring in Part and Dissenting in Part
I concur with the majority’s decision to affirm the trial court’s grant of cy pres relief. |
Davidson | Court of Appeals | |
Corin Mucha Wilkinson v. Thomas Gregg Wilkinson
Corin Mucha Wilkinson (“Wife”) filed a petition for criminal contempt in the Circuit Court for Davidson County (“the Trial Court”) against Thomas Gregg Wilkinson (“Husband”). Wife and Husband were in the midst of a divorce. Wife, in her petition for contempt, alleged that Husband had willfully failed to pay his monthly pendente lite support as ordered. The Trial Court found Husband guiltyof two counts of criminal contempt. Husband appeals. We affirm the judgment of the Trial Court. |
Davidson | Court of Appeals | |
Corin Mucha Wilkinson v. Thomas Gregg Wilkinson
This case concerns the divorce of Thomas Gregg Wilkinson (“Husband”) and Corin Mucha Wilkinson (“Wife”). Wife filed for divorce in the Circuit Court for Davidson County (“the Trial Court”). The Trial Court, in its final decree granting the divorce, inter alia, divided the marital estate and awarded Wife alimony. Husband appeals, contesting the division of the marital estate, the award of alimony to Wife, the award of attorney’s fees to Wife, and a judgment against him for pendente lite support arrearages. We modify the judgment of the Trial Court as it relates to the Trial Court’s marital debt allocation/alimony in solido and the amount of arrearages Husband owes. Otherwise, we affirm the judgment of the Trial Court. |
Davidson | Court of Appeals | |
Kenneth E. Diggs v. DNA Diagnostic Center
The trial court dismissed Plaintiff’s action for fraud based on the statute of limitations. We affirm. |
Shelby | Court of Appeals | |
Pauletta C. Crawford, et al. v. Eugene Kavanaugh, M.D.
This is a medical malpractice case in which Pauletta C. Crawford (“Wife”) and James Crawford (“Husband”) filed suit against Eugene Kavanaugh, M.D. (“Doctor”). While the suit was pending, Tennessee Code Annotated section 29-26-122 was amended to require the contemporaneous filing of a certificate of good faith with complaints alleging medical malpractice. Husband and Wife (collectively the “Crawfords”) dismissed their suit and filed a new complaint that did not include a certificate of good faith. Doctor filed a motion to dismiss, and the court dismissed the case. The Crawfords appeal. We affirm the trial court. |
Hamblen | Court of Appeals | |
In Re: Caine D.J.S.
The Department of Children's Services petitioned the Trial Court to terminate the parental rights of the mother, DJ, and the presumptive father, TH, who was married to the mother at the time of the child's birth. Following an evidentiary hearing, the Trial Court terminated the parental rights of the mother DJ and her husband at the time of the child's birth, TH. Both parties appealed to this Court and we affirm the termination of the mother's parental rights and vacate the Judgment terminating TH's parental rights on the grounds that the statutory grounds for termination was not established by the evidence. |
Greene | Court of Appeals | |
Roy L. Lawhon v. Mountain Life Insurance Company
Plaintiff made claim for credit disability insurance coverage after he became disabled, and defendant insurance company denied benefits on the grounds of misrepresentations in the application for insurance, which he had executed. The Trial Court ruled in favor of plaintiff on the grounds that misrepresentations in the application did not increase the risk of loss. On appeal, we reverse the Trial Court's Judgment because the misrepresentations contained in the application for insurance increase defendant's risk of loss under the statute. |
Loudon | Court of Appeals | |
Robin Campbell Armbrister v. Edwin C. Armbrister, Jr.
At issue in this appeal is the amount of income that can be imputed to the father for child support, as well as whether the mother should be charged with the attorney fees and costs in regard to an order of protection. The trial court found that the father was voluntarily underemployed. Finding that the evidence does not preponderate against the trial court’s finding of voluntary underemployment, we affirm the trial court as to that matter. We reverse the trial court’s ruling regarding the attorney fees and costs. |
Sevier | Court of Appeals | |
Charlie Lee Ingram v. Rebecca and Randy Wasson
This appeal concerns the existence of an easement. The dispute between the two adjoining landowners began after the defendant landowners blocked the plaintiff neighboring landowner’s access to a roadway crossing over the defendants’ property. The plaintiff landowner filed this action seeking condemnation or a finding of an implied easement for access to the roadway over the defendants’ property, arguing that his property was landlocked. Upon the admission into evidence of severalaffidavits,the trialcourtfound both an easement implied from prior use and, in the alternative, an easement created by necessity. The defendant landowners now appeal. We affirm the decision of the trial court. |
Perry | Court of Appeals | |
Charlie Lee Ingram v. Rebecca and Randy Wasson - Appendix
Appendix - Exhibit 1 |
Perry | Court of Appeals | |
Urshawn Eric Miller v. Tennessee Department of Correction, et al.
This is an appeal from an order entered by the Chancery Court for Davidson County transferring an inmate’s Petition for Writ of Certiorari to the Chancery Court for Morgan County. Because the order appealed does not resolve the claims raised in the petition but merely transfers those claims to another court, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | |
ABN AMRO Mortgage Group, Inc. v. Southern Security Federal Credit Union
Appellant, the second mortgage holder on the subject property, appeals the trial court’s determination that Appellee held a valid first mortgage on the property, when Appellee’s mortgage was taken under a deed of trust that contained a scrivener’s error that incorrectly identified the property’s lot number. The trial court held that: (1) the scrivener’s error was not fatal to Appellant’s deed of trust as the instrument otherwise clearly identified the property; (2) Appellant’s mortgage was superior to Appellee’s; and (3) Appellee’s bid at Appellant’s foreclosure sale created a valid contract, under which Appellee owed Appellant the purchase price. Finding no error, we affirm. |
Shelby | Court of Appeals | |
Dr. Pepper Pepsi-Cola Bottling Company of Dyersburg, LLC v. Reagan Farr, Commissioner of Tennessee Department of Revenue
An in-state bottled soft drink manufacturer argues, pursuant to the bottler’s tax statute, that the in-state distributor to which it sells may pay the bottler’s tax on such sales and utilize its own franchise and excise tax credit. Absent this flexibility, the manufacturer contends, equal protection guarantees are offended. The trial court granted summary judgment to the Department of Revenue, finding that the manufacturer bore the tax burden and that it could not utilize the distributor’s credit. We affirm. |
Dyer | Court of Appeals | |
Donna Lynn Lund v. John Fredrik Lund
This is the second appeal of this post-divorce case to this court. Donna Lynn Lund (“Wife”) and John Fredrik Lund (“Husband”) were divorced in 2008. In the first appeal of the trial court’s classification of marital property, this court held that the increase in value of Husband’s pre-marital annuity was separate property. On remand, the trial court divided the property as consistent with this court’s opinion. Wife filed post-judgment motions and a subsequent motion for Rule 60.02 relief, asserting that the order on remand contained errors of law and that she mistakenly failed to file a timely notice of appeal. The trial court denied the Rule 60.02 motion. Wife appeals. We affirm the decision of the trial court. |
Loudon | Court of Appeals | |
411 Partnership v. Knox County, Tennessee, et al.
The Knox County Board of Zoning Appeals denied plaintiff's use on review application for a proposed shopping center. Plaintiff appealed the decision to the Circuit Court by way of a Writ of Certiorari. The Trial Court upheld the Board of Zoning Appeals' decision and plaintiff appealed to this Court. We reverse the decision of the Circuit Court on the grounds the record before the Board of Zoning Appeals does not contain substantial material evidence to uphold the Board's ruling. We reverse the Judgment of the Trial Court and remand. |
Knox | Court of Appeals | |
Robin Claire Pearson Gorman v. Timothy Stewart Gorman
Husband challenges the trial court’s award of alimony in solido beginning after three years of rehabilitative alimony. We find no abuse of discretion and affirm the trial court’s decision. |
Coffee | Court of Appeals | |
Robin Claire Pearson Gorman v. Timothy Stewart Gorman - Concurring
I fully concur with the reasoning and result in this opinion.Agreeing that the two most significant points we derive from Gonsewski are “the great deference appellate courts are to give to the trial court’s decisions regarding alimony and the disfavor for long-term alimony,” I write separately to recognize an important exception to the deferential standard of review that was not affected by Gonsewski, that being the less deferential standard that applies when the alimony decision is based upon findings of fact that are not supported by the evidence.Such was the case in Jekot v. Jekot, No. M2010-02467-COA- R3CV, 2011 WL 5115542 (Tenn. Ct. App.Oct.25,2011), wherein we recently reversed the trial court’s alimony award. |
Coffee | Court of Appeals | |
Lydia Lee Ogle v. Kevin Frank Ogle
In a divorce action, Husband appeals the trial court’s designation of Wife as the primary residential parent, its allocation of the marital debt, and its denial of alimony. Discerning no error, we affirm. |
Warren | Court of Appeals | |
Janson Pope v. Sayuri Pope
In this post-divorce dispute, wife challenges the trial court’s credibility finding, an award for alimony arrearage, and an award of attorney fees. While we find that the amount of the arrearage award should be modified, we affirm the decision of the trial court in all other respects. |
Davidson | Court of Appeals | |
In Re: Estate of Miriam L. Rinehart
This case concerns a holographic will executed by the testator while under a conservatorship. After the testator died, Appellant sought to be named personal representative over the decedent’s estate and to have the decedent’s holographic will probated. The decedent’s daughter objected, arguing that at the time the holographic will was executed, the decedent was under a conservatorship that expressly revoked the decedent’s right to make a will. The trial court granted the motion to dismiss in favor of the decedent’s daughter. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
In the Matter of: Alex B.T.
This is a termination of parental rights case. The legal guardians of the child filed a petition to terminate Mother’s parental rights based on her alleged willful failure to visit and support the child. The trial court found that Mother’s efforts to visit and support had been frustrated by the legal guardians’ actions. Therefore, the trial court concluded that Mother’s failure to visit and support was not willful. Because the legal guardians failed to prove any of the grounds required to terminate Mother’s parental rights, the trial court denied the petition. We affirm. |
Shelby | Court of Appeals | |
Charles Roach and Joyce Roach v. Dixie Gas Company; Ben Thomas Williams, Jr., Individually and as Owner and Manager of Dixie Gas Company; Semstream, L.P.; Santie Wholesale Oil Company, A Division of Blue Rhino Reliable Propane; and John Does 1 through 10
This lawsuit for damages arises out of an explosion. The plaintiff customers went to the defendant propane gas facility to fill their recreational vehicle with propane. Soon after they arrived, one of the propane hoses began to leak, and propane gas vapor began to envelope the premises. After a short period of time, the propane gas tank exploded, causing devastating property damage and destroying the plaintiffs’ recreational vehicle. The plaintiffs filed this lawsuit against the defendants, alleging that they were near the explosion site when the explosion occurred, and that the explosion caused them numerous physical and psychological injuries. The defendants admitted liability and compensated the plaintiffs for their property damage. The defendants claimed, however, that the plaintiffs were not present at the explosion site when the explosion occurred and did not sustain any personal injuries caused by the explosion. After a jury trial, the jury returned a verdict in favor of the defendants, determining that the explosion did not cause any personal injuries to the plaintiffs and awarding zero damages. The plaintiffs now appeal. We affirm. |
Hardeman | Court of Appeals | |
Morgan Keegan & Company, Inc., v. William Hamilton Smythe, III, Individually; William H. Smythe, IV, Trust U/A/DTD 12/29/87, William H. Smythe, III, Trustee; and Smythe Children's Trust #2 FBO Katherine S. Thinnes U/A/DTD 12/29/87
This appeal involves a trial court’s order vacating an arbitration award. The parties engaged in arbitration over a dispute in which the respondent investors asserted that the petitioner investment company mismanaged their funds. The investors prevailed and received a substantial arbitration award against the investment company. The investment company filed a petition in the trial court to vacate the arbitration award, alleging partiality and bias on the part of two members of the arbitration panel. After a hearing, the trial court entered an order vacating the arbitration award and remanding the matter to the regulatory authority for a rehearing before another panel of arbitrators. The respondent investors now appeal. We |
Shelby | Court of Appeals | |
Benjamin Indoccio v. M & A Builders, LLC, et al.
This appeal arises from injuries Plaintiff sustained after falling down a staircase while working on the construction of a home. Plaintiff filed a negligence action against the general contractorand the subcontractorresponsible for the construction ofthe custom staircase. The matter was tried before a jury, and the jury returned a verdict finding Plaintiff fifty percent at fault, the subcontractor thirty-five percent at fault, and the general contractor fifteen percent at fault. After his motion for new trial was denied, Plaintiff filed this appeal. Plaintiff asserts that the trial court erred by excluding evidence that the subcontractor’s employees used marijuana while working on the construction of the staircase, and erred by excluding evidence of misdemeanor convictions and probation violations of one of the subcontractor’s employees. Plaintiff also asserts that the trial court erroneously instructed the jury regarding notice, negligence, and foreseeability. After thoroughly reviewing the record, we find that the trial court did not abuse its discretion by excluding the evidence of alleged marijuana use or the evidence of misdemeanor convictions and probation violations. Similarly, we find that the jury instructions on notice, negligence, and foreseeability were proper. Accordingly, we affirm the judgment of the trial court. |
Rutherford | Court of Appeals |
