Bob Keith Watson v. Tennessee Department of Safety
This appeal involves the forfeiture of personal property seized in connection with a criminal investigation. The petitioner’s home was searched pursuant to a search warrant executed on his home. Items of his personal property were seized by authorities, and later forfeited and sold. The petitioner property owner filed this lawsuit, arguing that administrative protocols regarding forfeiture proceedings were not followed and contesting the forfeiture of his personal property. The administrative law judge held that the forfeiture and sale were valid, and the property owner appealed to the trial court. The trial court affirmed. The property owner now appeals to this Court. We affirm. |
Davidson | Court of Appeals | |
Doyle Sweeney v. David Tenney
Plaintiff sued defendant, alleging defendant owed money on a loan. Defendant defended on the ground that the contract was oral and the statute of frauds barred any collection. The Trial Court awarded Judgment in favor of plaintiff in the amount of $4,500.00. On appeal, we affirm the Trial Court. |
Greene | Court of Appeals | |
Doyle Sweeney v. David Tenney - Dissenting in part and Concurring in part
Charles D. Susano, Jr., J., dissenting in part and concurring in part. I agree with the majority that Tenny raised at trial the defense of the statute of frauds. I also agree with the majority that Tenny is liable to Sweeney in the uncontested amount of $4,500. I disagree with the majority’s reliance on the partial performance exception to the statute of frauds as I find such reliance unnecessary. In my judgment, a writing was not required in this case under Tenn. Code Ann. § 29-2-101(a)(5) (Supp. 2010) because we are dealing with an agreement that could have been performed within one year. |
Greene | Court of Appeals | |
Richard Rhoden v. Donald D. Rhoden
This is an action for unlawful detainer. The property at issue was deeded to the plaintiff and his father “as tenants in common with the right of survivorship.” For a time, the father, the plaintiff, and the plaintiff’s brother all lived together on the property. The father died intestate. After the father’s death, the plaintiff asked his brother to leave the property, and the brother refused. The plaintiff then filed this action against his brother for unlawful detainer, claiming that he was the sole owner of the property after their father’s death based on his right of survivorship. After a bench trial, the trial court agreed and held in favor of the plaintiff. The brother now appeals. We affirm. |
Chester | Court of Appeals | |
David Dawson Johnson v. Madison County, Tennessee
Madison County allegedly erroneously mis-assigned and sold a portion of Appellant’s property. Many years later, in 2006, Appellant learned of the alleged mistake and filed suit to quiet title against Madison County, two former owners, and the then-current property owner. In 2010, the matter was settled prior to trial, and the property was returned to Appellant. Appellant then filed suit against Madison County seeking to recover his litigation expenses incurred in the action to quiet title. The trial court, however, dismissed his claims as time-barred. We affirm. |
Madison | Court of Appeals | |
Larry E. Parrish, P.C. v. Dodson, et al.
The former attorney of a client filed a seldom used “In Rem Complaint to Trace and Recover Res” to prosecute a chose-in-action assigned by the former client in payment of attorney’s fees. The funds to be recovered by this action were being held in trust by another law firm following the resolution of a separate, but related action. The former client filed an answer asserting that the assignment was unconscionable, thus, unenforceable; she also filed a counter-claim against her former attorney for breach of contract and breach of fiduciary duty. Both parties filed motions for summary judgment. The trial court found that certain provisions of the assignment were unconscionable and others were not and granted partial summary judgment to each party. Finding that the provision awarding $50,000 to the plaintiff was not unconscionable, the trial court granted a judgment in the plaintiff’s favor for that amount plus interest. The trial court also awarded the former client $10,000 in attorney’s fees upon a finding that she was the “prevailing party” in this action. Both parties appeal. We reverse upon a finding that there are genuine issues of material fact that preclude a grant of summary judgment to either party and remand for further proceedings. |
Lincoln | Court of Appeals | |
In Re: Jozie C.C.
This is a modification of child custody case. Mother and Father entered into a consent order naming Father primary residential parent and giving Mother visitation. Mother petitioned the juvenile court to change custody. The court denied the petition to change custody, but modified Mother’s visitation. Mother appeals. Discerning no error, we affirm. |
Madison | Court of Appeals | |
Casandra Cornwell v. Troy Cornwell
This case involves the plaintiff’s motion seeking an order holding her former husband in contempt for failing to make certain monthly payments of $1,071 from his military retirement as required by the terms of a marital dissolution agreement incorporated into the parties’ divorce judgment. The wife’s former spouse stopped making the payments after the wife remarried. The trial court denied the motion upon finding that the payments in question were alimony subject to modification rather than a property distribution as the wife contends. The court held that Mr. Cornwell “properly” stopped paying the “alimony” when his former wife remarried. The wife has appealed. We reverse the judgment of the trial court and remand for a hearing on the wife’s motion. |
Blount | Court of Appeals | |
Ginny Beth King, et al. v. Flowmaster, Inc.
Flowmaster invited a professional driver to attend an exhibition in which such driver allegedly lost control of his vehicle, killing or injuring many spectators. The plaintiffs sued numerous defendants, including Flowmaster, and the trial court granted Flowmaster’s motion for summary judgment. We affirm the trial court’s finding that Flowmaster was not a member of a joint venture. However, we find that Flowmaster failed to negate the duty element of the plaintiffs’ negligence claim, and that genuine issues of material fact exist as to whether Flowmaster “engaged in” an ultrahazardous activity or “participated” in a “drag race,” and we remand on these issues. |
McNairy | Court of Appeals | |
C.F. Property, LLC v. Rachel Scott et al.
This is a landlord-tenant dispute involving commercial property with a known and disclosed “leaky roof.” The lease states that the "property” is leased “as is where is.” In an email sent prior to the execution of the lease, the landlord stated it would “talk about” repairing the roof after the first year. The leakage increased dramatically after the first year. The tenant began withholding rent. The landlord filed an unlawful detainer action and the tenant filed a counterclaim for damages resulting from the leaky roof. A bench trial ensured. The court held that, by telling the tenant it would “talk about” repairing the roof, the landlord misrepresented that the roof was repairable when the landlord knew it could not be repaired, and that the landlord had a duty under the lease to repair the roof. The landlord appeals. We reverse the judgment and remand for a determination of the damages due the landlord under the lease. |
Sullivan | Court of Appeals | |
Lisa Bradford v. Abe Stephens
The appellant, the former business partner of the appellee, appeals the trial court’s determination that the appellee did not breach their partnership agreement, as well as the trial court’s distribution of partnership profits. Appellant also appeals the trial court’s decision not to grant a jury trial. We affirm the trial court’s decision not to grant a jury trial as well as its determination that the appellee did not breach the partnership agreement. We adjust the amount of the court’s awards to account for $5,000 of an $8,000 sale which the appellee kept rather than depositing it into the partnership account. |
Franklin | Court of Appeals | |
Wanda Leaver Williams, et al. v. Brandon Leaver, et al.
The trial court imposed a constructive trust on a six-acre parcel of real property to carry out the intent of the father that his son and daughter would divide the property. The court ordered the sale of the property and division of the proceeds. We have concluded that the more appropriate equitable remedy is a resulting trust and have modified the judgment with regard to the disposition of the sale proceeds. Otherwise, we affirm the result reached by the trial court. |
Rutherford | Court of Appeals | |
Tonya Renee Fletcher v. Glen Allen Fletcher
This post-divorce appeal involves parenting issues. The parties, parents of two minor children, divorced pursuant to a marital dissolution agreement. After post-divorce custody disputes arose, the parties went through mediation and arrived at an agreed parenting plan. The next day, the mother repudiated the agreement. The father then filed a motion to enforce the mediation agreement. The mother requested an evidentiary hearing on whether the parenting arrangement embodied in the mediated parenting plan was in the best interest of the children. The trial court declined to hear any evidence, and found that the mediated parenting plan was a valid, enforceable contract. It entered an order enforcing the mediated parenting plan. The mother now appeals. We reverse, holding that the trial court erred in applying contract analysis to the mediated parenting plan, and remanding for an evidentiary hearing on whether the parenting arrangement in the mediated parenting plan is in the best interest of the minor children. |
Bedford | Court of Appeals | |
Shonda M. Mickel v. Eric Cross, et al.
Appellant filed his Notice of Appeal of an order of the trial court which failed to adjudicate all claims. We dismiss the appeal for lack of jurisdiction. |
Madison | Court of Appeals | |
Elizabeth Cude v. Gilbert E. Herren, M.D., et al.
The trial court dismissed Plaintiff’s re-filed suit for failure to comply with the 60-day notice and certificate of good faith requirements set out in the Medical Malpractice Act. Because we find such requirements applicable to Plaintiff’s suit and no extraordinary cause to excuse her non-compliance, we affirm the trial court’s dismissal. |
Shelby | Court of Appeals | |
Valerie Rochelle Evans Albertson v. Matthew Scott Albertson
After more than seventeen years of marriage, Valerie Rochelle Evans Albertson (“Wife”) sued Matthew Scott Albertson (“Husband”) for divorce. After a trial, the Trial Court entered its Final Decree of Divorce on December 17, 2010 nunc pro tunc to November 8, 2010. In the Final Decree of Divorce the Trial Court, inter alia, awarded Wife a divorce, awarded Wife transitional alimony, divided the marital assets and debts, entered a permanent parenting plan with regard to the parties’ minor child, and awarded Wife attorney’s fees. Husband appeals the property division and the award of alimony. The record on appeal contains no transcript or statement of the evidence. We affirm. |
Roane | Court of Appeals | |
Northwest Tennessee Motorsports Park, LLC v. Tennessee Asphalt Company
This is a breach of contract case. Appellants contracted with Appellees to pave their existing drag strip. Because the soil under the drag strip contained too much moisture, the paving project failed and other parts of the drag strip not included in the contract were damaged. The trial court awarded damages for the Appellant, but later reduced the damages by the amount over and above the original contract. Appellant appeals. Because the Appellant failed to present any evidence that Appellee breached the contract, we reverse and remand. |
Weakley | Court of Appeals | |
Tyrone E. McClain d/b/a T-Mac Productions v. Bank of America, N.A., et al.
The plaintiff has appealed from an order granting the defendants’ motion to dismiss some, but not all, of the plaintiff’s claims. Because the order appealed does not resolve all the plaintiff’s claims or the defendants’ counterclaim, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | |
Edith Nell Allen Shaw v. Jerry Emerson Shaw
Mother and Father were divorced in 2006, and Father was ordered to pay child support for the parties’ adult disabled son. In 2010, the divorce court increased Father’s child support obligation for the adult disabled son. We vacate both orders to the extent that they required Father to pay child support for the adult disabled son because the divorce court did not have subject matter jurisdiction to order such support. We also remand this matter for such further proceedings as may be necessary. |
Madison | Court of Appeals | |
State of Tennessee ex rel. Jessica Elaine Dillard v. Jeremy Williamson Blanks
Mother of the parties’ three-year-old child appeals the trial court’s designation of Father as the primary residential parent. Mother, who was temporarily named the primary residential parent while the action was pending, contends the initial order by which she was appointed was not a temporary order, but a final order and, thus, res judicata applies. The trial court disagreed and entered a final order naming Father the primary residential parent of the parties’ minor child. We affirm. |
Dickson | Court of Appeals | |
Michael Lancaster v. Ferrell Paving, Inc., et al. v. Everest Indemnity Insurance Company
This appeal involves a dispute over whether the appellant was provided with coverage under an additional insured endorsement to an insurance policy. The trial court granted summary judgment to the insurer, finding no coverage. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Jess R. Ogg, Jr. v. Campbell County Board of Education
In this age discrimination and breach of contract case, Jess R. Ogg, Jr. (“Employee”) filed suit against his former employer, Campbell County Board of Education (“Employer”), alleging that Employer had violated the Tennessee Human Rights Act by terminating him because of his age and replacing him with a younger, less-qualified teacher. Employer argued that it had legitimate, non-discriminatory reasons for terminating Employee and hiring a suitable replacement. Following a bench trial, the court found that Employer had engaged in age discrimination and breached its contract and that Employee was entitled to recover his lost salary. Employer appeals. We affirm the decision of the trial court. |
Campbell | Court of Appeals | |
Malone F. Pitts, et al. v. Villas of Frangista Owners' Association, Inc., et al.
The question presented is whether the trial court erred in dismissing this lawsuit based upon a pending lawsuit in another state. Because the out-of-state lawsuit is not an exercise of quasi in rem jurisdiction, we conclude that the trial court erred in applying the doctrine of prior suit pending. We, therefore, reverse the trial court’s decision. |
Williamson | Court of Appeals | |
In Re: Brayden L. M.
Appellant filed a notice of appeal for a non-final judgment entered by the trial court. We therefore dismiss this appeal for lack of jurisdiction. |
Crockett | Court of Appeals | |
Ross H. Tarver, et al. v. Ocoee Land Holdings, LLC, et al.
Plaintiffs sued defendants on a sale of real estate contract wherein defendants agreed to purchase certain real estate located in Polk County from plaintiffs for a stated price. Defendants joined issue on the pleadings in the trial before the Trial Judge. The Trial Court held that the purchase and sales agreement was enforceable, and refused to find Ocoee Land Holdings, LLC liable for breach of the purchase and sales agreement, but held Glen Fetzner personally liable. Defendants and plaintiffs have appealed. On appeal, we hold that the purchase and sales agreement was an enforceable contract, but the Court erred when it held Glen Fetzner personally liable for the breach of the purchase and sales agreement, and the Trial Court also erred when it did not find Ocoee Land Holdings, LLC liable for the breach of the contract. We enter Judgment against Ocoee Land Holdings, LLC. |
Polk | Court of Appeals |
