Nicole Loren Baker, et al. v. Virginia Louise Smith
Petitioners, Father and his wife, filed a petition to terminate Mother’s parental rights on the grounds of abandonment for failure to pay child support, persistence of conditions, and severe child abuse, and for adoption of child by Father’s wife. The trial court granted Mother’s motion for directed verdict at the close of Petitioners’ proof and dismissed the petition. Petitioners appeal. We affirm. |
Shelby | Court of Appeals | |
O’Rane M. Cornish, Sr. v. Harrah’s Entertainment, Inc.
This appeal involves the lower court’s dismissal of a case on the basis of forum non conveniens. The plaintiff, a resident of Shelby County, brought suit in circuit court in Shelby County. The plaintiff alleged that he drank a glass of cranberry juice that contained a dead fly at one of the defendant’s restaurants, located in Tunica County, Mississippi. From that incident, the plaintiff alleges that he suffered emotional and physical harm. The defendant’s answer requested that the court dismiss on the basis of forum non conveniens, contending that the more appropriate forum was a circuit court in Tunica County, Mississippi. After a hearing, the trial court dismissed the claim on the basis of forum non conveniens. After the plaintiff filed a motion to reconsider, the trial court entered an order denying the motion and setting out its findings concerning its decision to decline jurisdiction. The plaintiff appeals, and we reverse and remand the case for further proceedings. |
Shelby | Court of Appeals | |
Carl Williams Rogers, M.D. v. State Volunteer Mutual Insurance Company
This case involves an endorsement to a medical malpractice insurance policy. The physician insured under the policy brought a declaratory judgment action seeking rescission of the endorsement based upon a mutual mistake of fact. We affirm the decision of the trial court dismissing the physician’s case for failure to state a claim upon which relief can be granted. |
Wilson | Court of Appeals | |
Brian E. Harris, M.D. v. Provident Life and Accident Insurance Company, et al.
Dr. Brian E. Harris (“Doctor”), the insured, brought this action for breach of contract and on the basis of various torts. He alleged that UnumProvident Corporation (“Insurance Company” or “the company”) had wrongfully canceled his disability policy and retroactively rejected his disability claim. The trial court granted Insurance Company summary judgment. The court found that Doctor had filed his suit outside the applicable limitations periods. Doctor appeals, claiming that his suit |
Hamilton | Court of Appeals | |
Donald W. McCuthcheon, et al vs. TND Associates, L.P., et al
A jury awarded the plaintiff homeowners judgment against their residential building contractor for damages sustained by the plaintiffs when the slope upon which their home was constructed failed. The defendant contractor appeals, arguing that the trial court abused its discretion by allowing an expert witness to testify outside his area of expertise and by allowing another witness to testify as an expert when the plaintiff had failed to identify him as a witness before trial. Upon careful review of the record, it is our determination that the trial court did not abuse its discretion in the admission of the testimony of these witnesses. Accordingly, we affirm the judgment of the trial court. |
Roane | Court of Appeals | |
Bridgett Hill, et al v. NHC Healthcare/Nashville, LLC, et al
The administrators of the estate of a woman who died after being transported by ambulance from a nursing home to a hospital filed a wrongful death suit which named the nursing home and the ambulance service as defendants. The nursing home responded with a motion to compel arbitration, citing a provision in the admissions agreement which the decedent had signed, requiring both parties to submit any disputes to arbitration and to waive their rights to jury trial. The trial court found the arbitration clause to be unconscionable and denied the motion. The nursing home then filed a direct appeal to this court pursuant to Tenn. Code Ann. § 29-5-319. We affirm. |
Davidson | Court of Appeals | |
Bridgett Hill, et al v. NHC Healthcare/Nashville, LLC, et al - Concurring
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Davidson | Court of Appeals | |
In the Matter of S.H.
Father appeals the trial court’s termination of his parental rights to his three-year old daughter. Based upon the record that included persistent violent behavior directed at the child’s mother, we conclude the trial court did not err in terminating Father’s rights. |
Davidson | Court of Appeals | |
James Carson v. Waste Connections of Tennessee, Inc.
This is the second appeal of a damage award for negligence. The plaintiff owned a house with a detached carport. During a delivery, the defendant company’s driver backed the delivery truck into one of the four columns supporting the carport structure, causing it to partially collapse. The plaintiff homeowner filed a lawsuit against the defendant company, alleging negligence and seeking damages. Liability was conceded and a trial proceeded on the amount of damages. There was disputed testimony on the condition of the roof structure of the carport before the defendant’s driver hit it. After the trial, the trial court found that the carport did not have a “roof” at the time of the accident, and so it deducted the cost of the “roof” of the carport from the damage award. The defendant company appealed. In the first appeal, we found that the record did not clearly indicate the trial court’s findings underlying the award of damages, and remanded the case for clarification. On remand, the trial court explained its damage award. The defendant company appeals again in light of the trial court’s clarification of the record. Finding that the preponderance of the evidence does not weigh against the trial court’s findings, we affirm. |
Shelby | Court of Appeals | |
John Hohman v. James A. Town, et al.
This application for an extraordinary appeal concerns whether a trial court should consider matters outside the pleadings in ruling on a motion to dismiss for lack of personal jurisdiction and improper venue pursuant to Tenn. R. Civ. P. 12.02(2) and (3). The trial court declined to consider matters outside the pleadings and denied the defendants’ motion to dismiss. Because the trial court should have considered the affidavits and other documents submitted by the parties in support of and in opposition to the motion to dismiss, we grant the application, vacate the trial court’s order denying the motion to dismiss, and remand the case to the trial court for further proceedings on the motion. |
Williamson | Court of Appeals | |
Lee Hayes v. Gibson County, Tennessee
This appeal arises from a declaratory judgment action in which Plaintiff sought a declaration of his rights under Tennessee Code Annotated § 8-24-102 as amended in 2001. Plaintiff asserted that the 2001 amendments to the general statute repealed by implication a 2000 private act establishing the compensation of the Gibson County Juvenile Court Clerk. The trial court determined the amendments to the statute superseded the private act, and that the salary for the juvenile court clerk should be established according to Tennessee Code Annotated § 8-24-102 as amended in 2001. We reverse. |
Gibson | Court of Appeals | |
Don Drake et al. v. Jana M. Williams, M.D., et al.
The parents of a young man who committed suicide after being discharged from a psychiatric hospital sued the hospital and the treating psychiatrist for wrongful death. The trial court granted the defendants’ motions for summary judgment on the basis that the decedent’s act of suicide was an intervening, superseding cause. We reverse and remand for further proceedings. |
Davidson | Court of Appeals | |
Robert A. Ward and wife, Sally Ward v. City of Lebanon, Tennessee; City of Lebanon Gas Department; James N. Bush Construction, Inc.; Foster Engineering & Energy, Inc. & Water Management Services, LLC
Plaintiff, while excavating, struck a gas line which resulted in an explosion and fire, seriously injuring plaintiff. Plaintiffs brought this action against several defendants and the case went to trial against the City of Lebanon and Bush Construction Company, Inc. A jury returned a verdict for the plaintiffs and allocated percentages of fault as to both defendants and the plaintiff. The Trial Court entered Judgment in favor of the plaintiffs and defendants appealed. We reverse the Trial Court Judgment and remand for a new trial on the grounds that a part of the charge to the jury was erroneous. |
Wilson | Court of Appeals | |
Janice Taylor, et al v. Jack Edward Taylor, et al
Two children of the late Bertie M. Taylor filed this action against two of their siblings, attorneys-in-fact for Ms. Taylor, to set aside a quitclaim deed conveying land of their mother executed through the use of a durable power of attorney. Plaintiffs alleged that the power of attorney was invalid due to Bertie Taylor’s lack of mental capacity; that the quitclaim deed was invalid because it contained the signature of only one of the attorneys-in-fact; and that the Defendants breached their confidential relationship with Ms. Taylor by engaging in self-dealing and/or undue influence. The trial court granted summary judgment in favor of Defendant Hoyt on the issues of Ms. Taylor’s mental capacity and the required number of signatures on the quitclaim deed; and granted summary judgment in favor of Plaintiffs on the issues of Defendants’ violation of their duties as attorneys-in-fact, violation of the confidential relationship and Defendant Jack Taylor’s undue influence of Ms. Taylor. The Court declared the quitclaim deed void and vested each Plaintiff with a one-fifth interest in the property. We affirm the trial court’s grant of summary judgment on the issues of Ms. Taylor’s mental capacity, Defendants’ violation of their duties as attorneys-in-fact and violation of the confidential relationship; we vacate the trial court’s grant of summary judgment on the issue of Defendant Jack Taylor’s undue influence; we reverse the trial court’s grant of summary judgment on the issue of the required number of signatures on the deed; and we affirm the relief granted Plaintiffs by the trial court. |
Smith | Court of Appeals | |
Progress Printing Company, Inc. v. Reliable Printing & Graphic Design, Inc.
Progress Printing Company, Inc. (“Plaintiff”) filed a petition in the Circuit Court for Sevier County, Tennessee (“Trial Court”) seeking to domesticate a foreign judgment obtained in Virginia against Reliable Printing & Graphic Design, Inc. (“Defendant”). Defendant filed a motion to dismiss the petition claiming, in part, that the Virginia court lacked personal jurisdiction over Defendant and, therefore, the Virginia judgment is void. The Trial Court entered an order on June 7, 2007, inter alia, denying Defendant’s motion to dismiss the petition, and granting Plaintiff’s petition to domesticate the Virginia judgment. Defendant appeals to this Court. We affirm the denial of the motion to dismiss the petition, vacate that portion of the Trial Court’s order granting Plaintiff’s petition to domesticate the Virginia judgment, and remand to the Trial Court for further proceedings. |
Sevier | Court of Appeals | |
State of Tennessee ex rel. Billie Martin v. Gregory Kalmon
This Uniform Interstate Family Support Act (“UIFSA”) case was dismissed by the Trial Court after it concluded that it lost subject matter jurisdiction to proceed with this case once a voluntary dismissal was taken in the initiating tribunal in Maryland. The Trial Court concluded that the present case also must be dismissed because there had been at least two previous voluntary dismissals and the dismissal by the Maryland tribunal operated to bar the present case pursuant to Tenn. R. Civ. P. 41.01(2). We hold that the Trial Court retained subject matter jurisdiction notwithstanding the voluntary dismissal of the petition by the initiating tribunal. We further conclude that the present case is not barred by the provisions of Tenn. R. Civ. P. 41.01(2). Accordingly, the judgment of the Trial Court is vacated and this cause is remanded for further proceedings consistent with this Opinion. |
Knox | Court of Appeals | |
In the Matter of R. R. B.
Mother appeals the termination of her parental rights to her nine-year-old child. Her parental rights were terminated on several grounds, including abandonment by failure to provide a suitable home, substantial noncompliance with permanency plan, failure to remedy persistent conditions, and mental incompetence. The trial court also found that termination of Mother’s parental rights was in the child’s best interest. We affirm the termination of Mother’s parental rights based upon Mother’s failure to remedy persistent conditions and the best interest of the child. |
Dickson | Court of Appeals | |
William C. Holcomb And Holcomb Company v. Edgar Cagle, Jr.
In this action for termination of lease and damages due to alleged breaches, the Trial Court terminated the lease and awarded damages. On appeal, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee ex rel Katrina Weeks, vs. Christopher D. Kirkland, In Re: Minor Child: Kyle Weeks, d.o.b. 7/16/96
The Trial Court entered Judgment for back child support, but barred the State from enforcing the Judgment though passport denial. We reverse the Trial Court. |
Monroe | Court of Appeals | |
Paul David Franklin v. Sherry A. B. Franklin, et al.
After nineteen years of marriage, Paul David Franklin (“Husband”) sued Sherry A.B. Franklin (“Wife”) for divorce. Gary Freeman (“Freeman”) was granted leave to intervene in the suit to establish the paternity of the younger of the two minor children (“J.A.F.”) born during the Franklins’ marriage. After a trial, the Trial court entered a Final Decree of Divorce, inter alia, granting Husband a divorce; holding that Freeman is the biological father of J.A.F., but that Husband is the legal father; distributing the marital property; and awarding primary residential custody of both minor children to Husband with Wife to have co-parenting time. Wife filed a motion to alter or amend. The Trial Court entered an order altering its decision in light of the then just released Tennessee Supreme Court opinion in In Re: T.K.Y., and terminating Freeman’s parental rights to J.A.F. on the grounds found in Tenn. Code Ann. § 36-1-113(g)(1). Wife and Freeman appeal to this Court raising issues regarding the termination of Freeman’s parental rights to J.A.F., the custody of J.A.F., and distribution of the marital property. We reverse the termination of Freeman’s parental rights to J.A.F., reverse the Trial Court’s order granting custody of J.A.F. to Husband, vacate that portion of the Trial Court’s order distributing the marital home, and remand this case to the Trial Court to effectuate the custody transfer of J.A.F. to Wife and for an overall equitable distribution of the marital property in light of our decision in this case. |
Monroe | Court of Appeals | |
Christina Altice v. Nats, Inc. et al.
Plaintiff sued defendants to collect a judgment against a defunct nonprofit corporation, claiming defendants were the alter egos of the defunct corporation. The trial court declined to add a fourth defendant and granted summary judgment against the plaintiff. Plaintiff appeals both decisions of the trial court. We affirm in part and reverse in part the grant of summary judgment and reverse the decision not to add the fourth defendant. |
Davidson | Court of Appeals | |
PDQ Disposal, Inc. v. Metropolitan Government of Nashville-Davidson County
A corporation providing garbage collection services under a contract with Metropolitan Nashville brought suit seeking reimbursement for waste disposal fees allegedly due under the contract. After a trial, the chancellor found in favor of the disposal company and awarded it damages for breach of contract. Metro appeals the court’s interpretation of the contract. We affirm. |
Davidson | Court of Appeals | |
Packers Supply Co. v. Eric H. Weber et al.
A corporation filed suit against two of its former employees for violating the terms of a non-compete agreement. The defendants argued that the agreement was rendered unenforceable by changes in the structure of the business and their relationship to it after the agreement was executed. The business was originally a sole proprietorship, and the defendants worked for it as independent contractors. Several years later, the business was chartered as a corporation, but with no change in its ownership or in its day-to-day operations. The defendants became employees of the corporation while keeping the same compensation, working conditions and duties as before. The trial court granted summary judgment to the employees, ruling that the corporation had no standing to sue because it was not a party to the original agreement. We reverse, because the non-compete agreement was assigned to the corporation by operation of law. |
Rutherford | Court of Appeals | |
MS Holdings, LLC v. Larry Malone
The Chancery Court of Shelby County entered judgment on an appraiser’s report of the value of a dissenter’s shares in MS Holdings LLC. The Court also assessed attorneys’ fees and costs against the dissenter. On appeal, the dissenter asserts that the appraiser failed to take into account the value attributable to MS Holdings’ imminent future plans and that the Court erred in assessing attorneys’ fees and costs against him. We affirm. |
Shelby | Court of Appeals | |
Barry D. Smith v. Tamara Yvette Smith - Dissenting
I respectfully dissent from the majority’s conclusion that Dr. Victor A. Pestrak’s report was properly admitted and that this Court’s interpretation of Rule 706 of the Tennessee Rules of Evidence in Dover v. Dover, 821 S.W.2d 593, 595 (Tenn. Ct. App. 1991), is too rigid. I submit that the majority's decision ignores the strict requirements of Rule 706 and opens the door for abuse of that rule. |
Sumner | Court of Appeals |
