John Hughes, Jr. v. The City of Memphis, et al.
An MPD patrolman appealed his “separation” from employment to the Civil Service Commission. The Commission found the separation was “administrative” in nature, and, therefore, that it lacked jurisdiction to consider the appeal. The chancery court denied the patrolman’s petition to reverse and/or modify the Commission’s decision, and we affirm. |
Shelby | Court of Appeals | |
James Eric Crain v. CRST Van Expedited, Inc.
This case stems from an employment contract dispute. James Eric Crain (“Crain”) was terminated by his employer, CRST Van Expedited, Inc. (“CRST”). CRST demanded payment from Crain pursuant to a clause in his employment contract. Crain filed suit in the Knox County Chancery Court (the “Trial Court”), seeking, among other things, injunctive relief. CRST filed an answer and counterclaim in the Trial Court seeking damages, among other things. CRST also filed a lawsuit, based on the same facts and issues, against Crain in Iowa. CRST prevailed in the Iowa lawsuit before the suit in Tennessee went to judgment. CRST filed a motion for summary judgment in the Trial Court, which was granted. Crain appeals, raising a number of issues. We hold that the Trial Court did not err in granting CRST’s motion for summary judgment relying on the doctrine of res judicata. We further hold that the Trial Court did not err in finding that CRST also was entitled to judgment as a matter of law pursuant to the Uniform Enforcement of Foreign Judgments Act. We affirm. |
Knox | Court of Appeals | |
Cheryl Ann Gunn v. Nicholas Graham Gunn
In this post-divorce proceeding, the mother appeals the trial court’s calculation of the father’s child support obligation. The trial court found that residential lease and car lease payments paid by father’s employer should be excluded from the calculation of father’s income for child support purposes. Finding that the trial court erred in excluding the payments from the calculation of the father’s income, the judgment is vacated in part and the case remanded for reconsideration of the father’s support obligation. |
Williamson | Court of Appeals | |
Deborah Vivien v. Keith W. Campbell
This appeal involves child support arising out of a paternity action. After paternity was established, the mother sought discovery regarding the father’s income. After protracted discovery disputes, the juvenile court set child support based on income that included the father’s winnings from gambling. The juvenile court did not permit the gambling winnings to be offset by the father’s gambling losses. After the father requested a rehearing on child support, years of delay ensued, and his rehearing request was ultimately dismissed. The father now appeals. We affirm in part, reverse in part, and remand, holding inter alia, that in determining an obligor parent’s income for child support purposes, provable gambling losses may offset gambling winnings, up to the amount of the gambling winnings for the year in question. |
Shelby | Court of Appeals | |
Christine Heyne, et al. v. Metropolitan Nashville Board of Public Education
This is a common law writ of certiorari review of a student’s ten-day suspension for a violation of the Student-Parent Code of Conduct for reckless endangerment. The student was suspended by the school principal following an incident where he drove his vehicle toward a group of students resulting in injury to one student. The suspension was appealed to a disciplinary panel, then to a discipline administrator, and lastly to the school board. The suspension was upheld at each level. Thereafter, this petition for common law writ of certiorari was filed. The trial court found that the suspended student’s due process rights were violated by the failure to provide an impartial panel and that the decision was arbitrary as it was not supported by the evidence. The court also awarded the petitioners their attorneys’ fees pursuant to 42 U.S.C. § 1983. We reverse finding the student’s due process rights were not violated and that the decision was not arbitrary because it is supported by material evidence. |
Davidson | Court of Appeals | |
In Re: Caleb L. C.
This is a dependency and neglect case. The child’s mother is deceased, and the child’s father has a long history of physically abusing family members. Both the juvenile court and the circuit court, on de novo appeal, found the child to be dependent and neglected and determined that the child’s best interests were served by remaining in the custody of his maternal uncle and aunt. Discerning no error, we affirm. |
Sullivan | Court of Appeals | |
Mubashir Mahmood v. Maryam Mubashir
This is a divorce case. Mubashir Mahmood (“Husband”) appeals from a judgment of the trial court raising four issues, including an issue challenging the trial court’s decree awarding Maryam Mubashir (“Wife”) attorney’s fees as alimony in solido. The judgment from which Husband seeks to appeal is not a final judgment. Accordingly, this appeal is dismissed. |
Hamblen | Court of Appeals | |
Roger Wilkes, et al. v. Shaw Enterprises, LLC
This is an appeal of the trial court’s determination on remand that the Appellee did not breach the parties’ contract when it constructed the Appellant’s house without through-wall flashing and weep holes, as required by the applicable building code. The parties’ contract provided that the builder would construct the house in accordance with “good building practices.” The trial court concluded the builder constructed the house in accordance with good building practices even though it was not in strict conformance with the building code. We affirm this holding. The Appellants also appeal the trial court’s failure to award them their attorneys’ fees and costs incurred in their first appeal. We remand this matter to the trial court with directions that it award to Appellants reasonable attorneys’ fees and costs incurred in their first appeal, as determined by the trial court. |
Maury | Court of Appeals | |
In Re Deciandra M., et al.
Mother and Father appeal the termination of their parental rights to four children. Father’s rights were terminated on grounds of abandonment by failure to visit the children within four months prior to the filing of the petition and wanton disregard for the children’s safety based on his criminal history; Mother’s rights were terminated on grounds of severe child abuse, substantial noncompliance with permanency plans, and persistence of conditions. Finding no error, we affirm the trial court’s judgment. |
Williamson | Court of Appeals | |
David Macklin v. Dollar General Corporation, d/b/a Dollar General Store #2311
This is a premises liability case. The plaintiff slipped and fell on a clear liquid at the defendant’s store. The defendant moved for summary judgment arguing it did not have a reasonable opportunity to clean the floor, warn the customer of the clear liquid, or take adequate precautionary measures upon receiving notice of the dangerous condition. The trial court granted the motion and the plaintiff appealed. Having determined the defendant effectively moved for and received only partial summary judgment, we dismiss this appeal for lack of subject matter jurisdiction. |
Haywood | Court of Appeals | |
Elmer Elliott, Jr. v. Pearl Elliott, et al.
The trial court granted summary judgment to defendants, finding that plaintiff was ousted from the property at issue, that defendant Pearl Elliott was the presumptive owner of the property due to recordation and payment of property taxes, and that plaintiff’s suit was statutorily barred. We affirm. |
Gibson | Court of Appeals | |
David Ramey v. John Carroll, County Mayor of Perry County, Tennessee
On remand, the trial court conducted a hearing regarding the reasonableness of attorney fees and awarded $20,000.00 in attorney fees to Appellee. In this appeal, Appellant contends that the trial court erred in awarding the fee because it failed to consider the requisite factors regarding fee reasonableness, it failed to differentiate between time spent on fee-generating versus non-fee-generating duties, and because it failed to comply with the requirements of Tennessee Rule of Civil Procedure 52.01. From our review of the record, we cannot say that the trial court abused its discretion in awarding $20,000.00 in attorney fees. Accordingly, the award is affirmed. |
Perry | Court of Appeals | |
Louise Y. Ledbetter v. Christopher Douglas Dirr
In this post-divorce proceeding, Father appeals the trial court’s visitation determination and classification of previously awarded attorney’s fees. We affirm the trial court’s judgment in part, vacate in part, and remand the case for entry of a parenting plan. |
Maury | Court of Appeals | |
Samuel Wesley Woods v. Tracy Dean Tidwell
Mother appeals both the trial court’s refusal to approve an agreed upon parenting arrangement reached between the parents and the trial court’s finding that father should be designated the primary residential parent. Finding the trial court was required to make an independent determination of custody issues and that the court acted within its discretion, we affirm. |
Lawrence | Court of Appeals | |
State of Tennessee ex rel. Jacqueline D. Davis v. James (Jason) McClain
This is an appeal from an Order Establishing Parentage and Support entered by the Juvenile Court for Maury County on June 1, 2010. Because the appellant did not file his notice of appeal within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal. |
Maury | Court of Appeals | |
In Re Antonio C. F., Jr.
The State of Tennessee, Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of LaCondra DeShay B. (“Mother”) to her minor child Antonio C. F., Jr. (“the Child”) (d.o.b. 7-26-96). Temporary custody of the Child was awarded to DCS on February 21, 2006, and the Child has been in foster care since that date. During this period of time, DCS made reasonable efforts by offering case management services to the paternal grandmother, Carrie F., who was the Child’s custodian at the time of removal, but because she was incapable of managing his behavior, the Child was adjudicated dependent and neglected on April 27, 2006. Following a bench trial on May 21, 2010, the court entered its order finding and holding, inter alia, that clear and convincing evidence existed to support the termination of Mother’s parental rights based upon, (a) willfully failing to visit or making only token visitation with the Child for four months immediately preceding the filing of the petition to terminate; (b) abandonment of the Child by willfully failing to support or to make reasonable payments toward the support of the Child for four consecutive months immediately preceding the filing of the petition; and pursuant to Tenn. Code Ann. § 36-1-113(i) it is in the best interest of the Child that Mother’s parental rights be terminated. Mother appeals, asserting that DCS failed to prove by clear and convincing evidence that termination of her parental rights was in the best interest of the Child. We affirm. |
Hamilton | Court of Appeals | |
Paul L. McMillin v. Lincoln Memorial University, et al.
The plaintiff sued the university and two of its representatives for negligent and fraudulent misrepresentation, negligence, and violation of the Tennessee Consumer Protection Act, alleging that the placement of special credits on his transcript in contradiction to the school’s policies and procedures rendered his transcript without value and, consequently, damaged his future applications for employment or graduate school. The trial court entered summary judgment for the defendants. The plaintiff appealed. We affirm the judgment of the trial court. |
Knox | Court of Appeals | |
Patricia Ann Gho Massey v. Gregory Joel Casals
Appellant filed a motion to quash garnishment of his individual retirement accounts to satisfy an award of attorney’s fees to Appellee, asserting the accounts were exempt pursuant to Tennessee Code Annotated §§ 26-2-105 and 26-2-111. The trial court denied the motion to quash. We reverse. |
Shelby | Court of Appeals | |
Elizabeth C. Wright v. Frederico A. Dixon, III.
In this action to enforce a contract for the sale of real estate against defendant buyer, the Trial Court held that defendant failed to make reasonable efforts to obtain a loan in accordance with the requirement to obtain a mortgage for 100% financing, and awarded damages to plaintiff for breach of the contract since the plaintiff had sold the property before trial. On appeal, we hold that the evidence preponderates against the Trial Judge's finding that the defendant failed to put forth reasonable efforts to obtain a loan which was a condition in the contract for purchase of the property, and remand. |
Knox | Court of Appeals | |
Freda Michelle Humbard Miller v. Steven Dwayne Miller
This case stems from the divorce of Freda Michelle Humbard Miller (“Wife”) and Steven Dwayne Miller (“Husband”). The Trial Court, among other things, granted the parties a divorce, designated Wife the primary residential parent, and awarded Wife child support and alimony. Husband appeals, raising a number of issues. We hold that the Trial Court erred in setting child support without entering supporting worksheets in the record as required. We further hold that the Trial Court did not err as to the other issues. We vacate, in part, and, affirm, in part, and remand for the Trial Court to set child support utilizing the worksheets as required. |
Jefferson | Court of Appeals | |
Freda Michelle Humbard Miller v. Steven Dwayne Miller - Concurring
I concur in the decision of the majority opinion to vacate so much of the trial court’s judgment as pertains to the issue of child support. I also concur in the majority’s decision to remand this case to the trial court with respect to the issue of child support. I write separately to express my view that the absence of the supporting worksheets in the record transmitted to us does not necessarily mean that the trial court failed to utilize these worksheets in arriving at the respective amounts of child support decreed in the court’s judgment. If such worksheets were utilized, and employed correctly, in arriving at the trial court’s child support decrees and if those worksheets are still available, there is no reason for the trial court to again make the necessary calculations. All that would be required is the filing of the worksheets “as part of the official record.” See Tenn. Comp. R. & Regs. ch. 1240-2-4-.04(1) (2008). |
Jefferson | Court of Appeals | |
In Re Estate of Anna Sue Dunlap, Deceased, Richard Gossum, Administrator CTA
This appeal addresses an award of attorney fees to the attorney for a decedent’s estate for services rendered on appeal. The appellant administrator of the estate is also the estate’s attorney. The administrator/attorney’s final accounting was approved by the trial court, and two of the estate’s beneficiaries appealed. The appellate court affirmed the trial court’s approval of the final accounting. On remand, the administrator/attorney filed a motion for the approval of all attorney fees incurred in the administration of the estate, including attorney fees for services rendered in the first appeal. The trial court declined to approve the attorney fees incurred on appeal, holding that such fees may be awarded in the first instance only by the appellate court. The administrator/attorney now appeals. We reverse, concluding that attorney fees for the administrator/attorney’s services rendered on appeal constitute an administrative expense of the estate, and so the request for such fees must be made in the first instance in the trial court. |
Gibson | Court of Appeals | |
James Anthony Wilson, Sr. v. East Tennessee Human Resource Agency, Inc.
James Antony Wilson, Sr. sued East Tennessee Human Resource Agency, Inc. (“ETHRA”) individually, and as next friend and Personal Representative of the Estate of Callie Irene Wilson, on behalf of himself and all wrongful death beneficiaries of Callie Irene Wilson, Deceased. This suit involves a fall and injuries suffered by Callie Irene Wilson (“Callie Wilson”) while ETHRA was in the process of transporting Callie Wilson to a dialysis appointment, and her death resulting from these injuries. After a trial, the Trial Court entered its order on July 29, 2010 finding and holding, inter alia, that the ETHRA driver acted appropriately and was not negligent. Mr. Wilson appeals to this Court. We find that the evidence in the record on appeal preponderates against the Trial Court’s finding that ETHRA’s employee, Mr. Clabo, was not negligent. We reverse, and remand this case to the Trial Court for a determination of comparative fault and damages. |
Knox | Court of Appeals | |
Jenna Lauren Heath Milner v. Derrick Brandon Milner
Jenna Lauren Heath Milner (“Wife”) initiated this action by filing a complaint for divorce against her spouse, Derrick Brandon Milner (“Husband”). The only ground for divorce alleged is “T.C.A. § 36-4-101(5), conviction of a felony.” Husband filed an answer pro se which, in substance, admits that he has been convicted but states that the conviction is “a miscarriage of justice” and that his attorney “botched the trial . . . and botched the direct appeal as badly as the trial.” He alleges that he is continuing to challenge the conviction and “there is a great chance of having the case reversed.” Husband denied that a divorce should be granted and alleged that he still loves Wife and their child. Husband, who was incarcerated, testified at trial by telephone, although there is no transcript or statement of the evidence. The trial court declared the parties “divorced pursuant to T.C.A. § 36-4-101(5).” Husband appeals, arguing, for the first time, that the statute is unconstitutional under the Tennessee Constitution, the United States Constitution, and the Georgia Constitution, the state in which he is incarcerated. The Tennessee Attorney General was served with a copy of Husband’s brief and has appeared in support of the constitutionality of the statute. We hold that any issue as to the constitutionality of Tenn. Code Ann. § 36-4-101(5)(2010) was waived by Husband’s failure to raise the issue in the trial court, and, pursuant to Court of Appeals Rule 10 , we affirm the judgment granting an absolute divorce. |
Hamilton | Court of Appeals | |
Norman Lee Robinson v. Mers, Inc. et al.
This is an appeal by Norman Lee Robinson from a summary judgment granted against him and in favor of his lender, Citizens Bank, and GMAC Mortgage, LLC, the assignee of Robinson’s secured note. Robinson filed this action against Citizens Bank and GMAC, as well as others, to stop what he alleged was a wrongful foreclosure. He also demanded compensatory and punitive damages. The substance of the action is that the defendants should not be permitted to require Robinson to pay into escrow, funds that had been improperly refunded to him. The trial court held that Robinson was in default and that the foreclosure was not wrongful because, despite some dispute as to certain facts, there was no genuine dispute concerning the facts material to the outcome of this case. We affirm. |
Grainger | Court of Appeals |
