In Re Brianna B. Et Al.
In terminating a mother’s parental rights, the trial court concluded that there were two statutory grounds for termination: abandonment by willful failure to visit and failure to manifest an ability and willingness to assume custody and financial responsibility. The trial court also concluded that termination of the mother’s parental rights was in the child’s best interest. Because we conclude that the evidence of the grounds for terminating the mother’s parental rights was less than clear and convincing, we reverse. |
Maury | Court of Appeals | |
Rania Anwar Al Qaisi v. Diab Mahmoud Alia
This appeal arises from a divorce proceeding after a short-term marriage. The husband challenges the trial court’s decisions regarding his parenting time, the calculation of his income, and its award of alimony to the wife. We affirm. |
Court of Appeals | ||
Brianne Marie (Lane)Baker v. Kenneth Dean Baker
A father challenges the trial court’s child support determination, property division, and attorney fee award. In its calculation of gross income for child support purposes, the trial court properly declined to give the father credit for retirement benefits awarded as part of the property division. If the value of the father’s retirement benefits has significantly appreciated since the time of the divorce, the father may bring a petition to modify the child support award to reflect an increase in the mother’s gross income. We affirm the decision of the trial court in all respects. |
Montgomery | Court of Appeals | |
REGINALD M. YOUNGER v. KIBREAB KIDANE OKBAHHANES
This appeal arises from a personal injury action. The plaintiff filed this action more than one year after the vehicle collision from which the cause of action accrued. The defendant filed a motion for summary judgment, arguing that the plaintiff’s action was untimely. The plaintiff filed a response arguing that the statute of limitations for personal injury actions was extended to two years, pursuant to Tennessee Code Annotated § 28-3-104(a)(2), due to the traffic citation issued to the defendant for failure to exercise due care in violation of section 55-8-136 as a result of the vehicle collision. The Trial Court found that section 28- 3-104(a)(2) was applicable to extend the statute of limitations to two years because the defendant had been charged with a criminal offense and a criminal prosecution had been commenced against him. Discerning no error, we affirm. |
Roane | Court of Appeals | |
Nathaniel J. Lee v. Amber F. Lee
In this appeal from a final decree of divorce, Husband challenges the trial court’s division of the marital estate and the award of alimony in futuro. He also raises issues concerning the court’s denial of his request to rescind a mediated settlement agreement and to pay the alimony in solido award in installments. Discerning no abuse of discretion, we affirm. |
Washington | Court of Appeals | |
Lori Ann Amacher v. Stanley Dwight Amacher
This is a divorce case. Appellant Wife appeals the trial court’s division of property, arguing that the court erred in: (1) classifying the appreciation of her separate property as marital property; (2) excluding from the marital estate certain real property that Husband transferred to his father; (3) not finding that Husband dissipated the marital estate; and (4) inequitably dividing the estate. Wife argues that alimony in solido should have been granted in light of the inequitable division and that she should have been awarded her attorney’s fees. Wife also requests attorney’s fees incurred in this appeal. We affirm the trial court’s exclusion of the transferred property from the marital estate. We also conclude that Wife failed to prove dissipation by a preponderance of the evidence. However, we vacate the property division and remand for additional findings of fact with respect to the appreciation of Wife’s separate property, and for a reconsideration of the property division. The reconsideration of the property division necessitates a reconsideration of alimony; thus, we vacate the trial court’s denial of alimony in solido and remand for proceedings consistent with this opinion. We award Wife’s attorney fees for this appeal. |
Franklin | Court of Appeals | |
Raun Swafford v. Caprice Wofford
The appellee, Ruan Swafford (“Appellee”), filed a motion to dismiss this appeal alleging that the notice of appeal was not timely filed. Because the notice of appeal was not timely filed, this Court lacks jurisdiction to consider this appeal. |
Hamilton | Court of Appeals | |
Tina Vaughn v. DMC-Memphis, LLC
Plaintiff filed a claim in general sessions court for injuries she allegedly received when she fell in standing water on the defendant’s premises. Judgment was rendered in favor of the defendant, and the plaintiff appealed to circuit court. The defendant then filed a motion for summary judgment arguing that it owed no duty to the plaintiff and that she was at least 50% at fault for her injuries. In support, the defendant relied on plaintiff’s testimony from the trial in general sessions court. The circuit court granted the motion for summary judgment, and plaintiff again appealed. We vacate the judgment of the trial court. |
Shelby | Court of Appeals | |
Franklin Real Estate Group, Inc. v. Spero Dei Church
A real estate broker filed a complaint against a client alleging that the client breached the parties’ brokerage agreement by purchasing a property and not paying a commission to the broker. The client filed a motion for summary judgment asserting that the brokerage agreement was void for vagueness because one of its provisions was illogical. The trial court disagreed with the client after concluding that any confusion was due to a simple drafting error. The trial court reformed the brokerage agreement to reflect the parties’ intentions and determined that the client breached the brokerage agreement as reformed. The trial court then, sua sponte, granted summary judgment to the real estate broker. We affirm. |
Davidson | Court of Appeals | |
Colonial Pipeline Company v. TN State Board Of Equalization
An interstate pipeline company filed this direct appeal from a decision of the Tennessee Board of Equalization rejecting the company’s claims for equalization relief. Having considered the company’s arguments that Tenn. Code Ann. § 67-5-501(10)(B)(iii) has been inconsistently applied, we affirm the Board’s decision. |
Court of Appeals | ||
In Re Azariah R. et al.
This appeal concerns the termination of a mother’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Cocke County (“the Juvenile Court”) seeking to terminate the parental rights of Shauntel C. (“Mother”) to her minor children Azariah R. and Ahleigha C. (“Azariah” and “Ahleigha” respectively; “the Children” collectively). After a hearing, the Juvenile Court entered an order terminating Mother’s parental rights to the Children. Mother appeals, arguing that the Juvenile Court erred in its best interest determination by failing to account for her improvements over the course of the case. Although we reverse the ground of failure to visit, we affirm the grounds of substantial noncompliance with the permanency plan and failure to manifest an ability and willingness to assume custody. We also affirm the Juvenile Court’s best interest determination, finding Mother’s improved efforts in some areas to be real but insufficient. We thus affirm, in part, and reverse, in part, resulting in our affirming the termination of Mother’s parental rights to the Children. |
Cocke | Court of Appeals | |
In Re Investigation Of Law Solutions Chicago, LLC
The trial court granted the Tennessee Attorney General’s petition seeking to compel the respondent corporation, Law Solutions Chicago LLC d/b/a UpRight Law (“UpRight”), to provide information regarding the identities of consumers who had paid for but allegedly not received UpRight’s services. In so ruling, the trial court determined that the attorney general had established that UpRight’s practices, if proven, would likely constitute violations of the Tennessee Consumer Protection Act. The trial court also determined that the information sought was not protected by the attorney-client privilege. UpRight has appealed. Discerning no reversible error, we affirm the trial court’s ruling. |
Davidson | Court of Appeals | |
Darla Jo Adams Audirsch v. Griffin Lynn Audirsch
The Appellant, who is the former spouse of the Appellee, appeals the trial court’s denial of his motion for “Rule 60” relief seeking residential time with the Appellee’s child. There is no dispute that the Appellant has been excluded as the father of the child based upon DNA testing he requested. Discerning no error on the part of the trial court, we affirm its judgment. |
Moore | Court of Appeals | |
In Re Conservatorship of Mary Ann Tapp
This appeal stems from a petition to remove a co-conservator for a person with a disability. Several years ago, the ward’s brother and her personal attorney were appointed as coconservators of the ward’s person and estate. Subsequently, the ward’s remaining siblings filed this action to remove the brother as a co-conservator, alleging that the brother had failed to act in the best interest of the ward. After a hearing on the petition, the trial court dismissed the petition to remove the brother as a co-conservator and awarded the coconservators attorney’s fees. Some of the siblings appealed the trial court’s award of attorney’s fees. We reverse the trial court’s award of attorney’s fees and remand. |
Fayette | Court of Appeals | |
Antonio Maurice Wiggins v. Carol Ann Wiggins
This appeal arises out of a divorce action in which the wife requested alimony. Following a trial, the trial court awarded the wife alimony in futuro and alimony in solido to assist her in paying for health insurance premiums and attorney’s fees, respectively. On appeal, the husband claims the wife had no need for such support; rather, the trial court used the alimony awards as a means to punish the husband for his infidelity. We find that, while the trial court considered the husband’s fault in making its decision, it did so in conjunction with other relevant factors in accordance with Tenn. Code Ann. § 36-5-121(i), including the wife’s financial need, her relative earning potential, her contributions to the marriage, and the parties’ standard of living. Having determined that the trial court applied the correct legal principles, made factual findings supported by the evidence in the record, and reached a decision within the range of acceptable dispositions, we affirm the trial court’s decision. |
Montgomery | Court of Appeals | |
Donald R. Wright v. Carol Sieglitz, Et Al.
This is an appeal of a case seeking judicial determination of child support. Because the appellant, Donald R. Wright (“Appellant”) attempted to raise an issue regarding a separate case, which was not timely appealed, and all issues with regard to the instant case were waived, we dismiss this appeal |
Washington | Court of Appeals | |
In Re Crystal W. Et Al.
In this dependency and neglect action, the mother appealed the determination made by the Knox County Juvenile Court (“juvenile court”) that the two minor children at issue were dependent and neglected to the Knox County Circuit Court (“trial court”). The father of the children had initiated the action by filing a petition for dependency and neglect against the mother in the juvenile court, alleging, inter alia, the mother’s inability to properly care for the children due to ongoing mental health issues. The Tennessee Department of Children’s Services (“DCS”) had intervened in the juvenile court proceedings, and following entry of an adjudicatory order, the juvenile court had awarded legal and physical custody of the children to the father. In a separate proceeding not at issue in this appeal, the juvenile court subsequently awarded temporary custody of the children to the paternal grandfather and step-grandmother. Following a de novo bench trial on the mother’s appeal, the trial court determined that the children were dependent and neglected as to the mother and maintained custody of the children with the paternal grandfather and step-grandmother. The mother has appealed to this Court.1 Discerning no reversible error, we affirm. |
Knox | Court of Appeals | |
Samuel Lee Bachelor, Jr. v. Aja Michelle Bachelor n/k/a Aja Michelle Burrell
This case involves a divorce that was granted in January, 2019. As a part of their divorce, the parties entered into a marital dissolution agreement which was thereafter incorporated into the final decree of divorce. Subsequently, the Appellant filed a petition for contempt, alleging that the Appellee was in noncompliance with his obligations under the marital dissolution agreement and requested, among other relief, attorney’s fees for having to file the petition. The trial court found that while the Appellee had been noncompliant with the marital dissolution agreement, the noncompliance was not willful and therefore concluded that the Appellant was not entitled to attorney’s fees. For the reasons stated herein, we reverse the trial court’s decision to not award the Appellant her attorney’s fees and additionally award the Appellant her attorney’s fees on appeal. |
Shelby | Court of Appeals | |
Anthony Justice v. Craftique Construction, Inc., Et Al.
A homeowner in a subdivision sued the construction company that developed the subdivision and the president of the company for damages, claiming that the subdivision was a “failed development” because only five out of thirty-one lots were developed before construction ceased and promised amenities, including a club house and swimming pool, were never built. The homeowner obtained default judgments for liability and money damages against the company and a default judgment for liability against the company president. During the trial to determine damages against the company president, the homeowner orally stated his intent to nonsuit his claim for damages while retaining the default judgment for liability. The trial court entered an order nonsuiting the homeowner’s entire claim against the company president. The homeowner appeals, claiming the right to a partial nonsuit. We affirm the trial court’s judgment. |
Loudon | Court of Appeals | |
In Re Scarlet W., et al.
This is a termination of parental rights case. The Chancery Court for Henderson County terminated the parental rights of a mother to two minor children based upon two statutory grounds: persistence of conditions and a ten-year prison sentence while the children were under the age of eight years old. We reverse the trial court’s finding that the ground of persistence of conditions was satisfied by clear and convincing evidence. We affirm, however, the trial court’s finding that clear and convincing evidence supports termination of the mother’s parental rights based upon her current prison sentence. We also affirm the trial court’s conclusion that termination is in the best interests of both children. |
Henderson | Court of Appeals | |
Jabari Issa Mandela a/k/a John Wooden v. Tennessee Department of Correction, et al.
This appeal arises from a petition for writ of certiorari filed by a prisoner, Jabari Issa Mandela a/k/a John Wooden (“Petitioner”), seeking relief pursuant not only to a writ of certiorari but also including in his petition an action seeking damages pursuant to 42 U.S.C. § 1983 due to an alleged violation of his constitutional rights. Following the respondents’ motion to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(1) and (6) and Petitioner’s response thereto, the Trial Court dismissed Petitioners’ original civil rights cause of action, filed pursuant to section 1983, due to its impermissible joinder with an appellate cause of action. The Trial Court further granted the motion to dismiss as to the writ of certiorari, in part, because Petitioner had failed to exhaust his administrative remedies. Because Petitioner has failed to comply with Tennessee Rule of Appellate Procedure 27 by not presenting an argument concerning whether he had exhausted his administrative remedies prior to filing his petition for writ of certiorari, he has waived this issue on appeal. As such, the Trial Court’s dismissal of the petition is affirmed. Petitioner also raises an issue concerning the amount of filing fees he was required to pay by the Trial Court to initiate the current action. On remand, the Trial Court shall revisit its order regarding the amount of filing fees to determine compliance with Tennessee Code Annotated § 8-21-401. |
Lake | Court of Appeals | |
Crystal Spearman, Individually and as Parent and Next Friend of Kenji Lewis, a Minor v. Shelby County Board of Education, et al.
This suit involves an injury sustained by a minor at a track and field tryout at the middle school he attended. The minor’s mother brought suit individually and on behalf of her minor child against the county school system and the school board for the minor’s injuries and subsequent medical expenses. After a bench trial, the trial court found in favor of the plaintiff and awarded her $200,000 in compensatory damages. The defendants appealed. We affirm the trial court’s decisions and remand. |
Shelby | Court of Appeals | |
Dennis Williamson v. Regional One Health, et al.
In this healthcare liability action, Appellant/patient appeals the trial court’s grant of summary judgment in favor of Appellee/hospital. The trial court granted summary judgment based, inter alia, on its conclusion that Appellant failed to provide evidence that Appellee’s immunity under the Governmental Tort Liability Act is waived due to some action/inaction of its employee. Affirmed and remanded. |
Shelby | Court of Appeals | |
Katrina Walker d/b/a Rainbow Kidz Child Care Center v. Tennessee Department of Human Services
In this Opinion, we are tasked with reviewing two separate cases concerning the State’s oversight of a child care center in Memphis. Somewhat uniquely, these cases were adjudicated under a single docket number in the Shelby County Chancery Court and were appealed to this Court in that posture. One of the cases, which concerns a petition for a writ of mandamus, was originally filed in the Davidson County Chancery Court and was subsequently transferred to the Shelby County Chancery Court. The second case involves judicial review under the Uniform Administrative Procedures Act. As to the mandamus case at issue, we conclude that venue lies only in Davidson County and, therefore, the trial court lacked subject matter jurisdiction to enter relief. Accordingly, that judgment is vacated, and we direct that the case be transferred back to the Davidson County Chancery Court. As to the case for judicial review, we conclude that the decision of the hearing officer was supported by substantial and material evidence and therefore reverse the trial court and remand for the entry of an order reinstating the hearing officer’s decision. |
Shelby | Court of Appeals | |
IN RE ELLA H.
In this termination of parental rights case, Appellants Mother and Stepfather appeal the trial court’s finding that termination of Father’s parental rights was not in the Child’s best interest. Appellee Father appeals the trial court’s finding that he abandoned the Child by willful failure to visit and willful failure to support. Upon review, we conclude that Father abandoned the Child by willful failure to visit and support. Because the record supports the conclusion that termination of Father’s parental rights is in the Child’s best interest, we reverse the trial court as to this issue, and we remand for entry of an order terminating Father’s parental rights. |
DeKalb | Court of Appeals |
