In Re: Aayden L. B. et al
The trial court terminated Father’s parental rights on several grounds and determined that the termination of his parental rights was in the best interest of the children. We affirm. |
DeKalb | Court of Appeals | |
Anne Groves, Individually And As Next Of Kin Of Charles Groves v. Christopher Colburn, M.D.
Plaintiff filed a complaint against a hospital in which she asserted claims for medical malpractice and wrongful death. She later amended her complaint to add a party and did not contemporaneously file a certificate of good faith. The trial court dismissed the second complaint with prejudice based upon the court’s determination that plaintiff failed to satisfy the requirements of Tenn. Code Ann. § 29-26-122. We affirm the trial court. |
Davidson | Court of Appeals | |
James E. Bell v. Tennessee Department of Corrections
This is an appeal from the dismissal of an inmate’s petition for common law writ of certiorari. Because the inmate did not file his notice of appeal with the trial court clerk within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal. |
Wayne | Court of Appeals | |
Brenda Benz-Elliott v. Barrett Enterprises, L.P. et al
In this dispute concerning a real estate sale contract, we have concluded that the gravamen of the action is for injury to property and that, under the applicable legal principles, the evidence preponderates against the trial court’s finding as to when the statute of limitations began to run. Because the action is barred by the statute of limitations, we reverse the decision of the trial court. |
Rutherford | Court of Appeals | |
Elizabeth Anne McDaniel v. Robb Ashby McDaniel
Mother appeals the designation of Father as the primary residential parent of the parties’ two minor children and the parenting schedule which gave Father substantially more parenting time. We affirm the trial court’s designation of Father as the primary residential parent finding that the evidence does not preponderate against the trial court’s decision which was primarily based on the importance of continuity in the children’s lives. As for the parenting schedule, which awards Father 245 days and Mother only 120 days a year, we find that the evidence preponderates against such a disparity of parenting time; therefore, we reverse the parenting schedule and remand this issue for the trial court to adopt a revised parenting schedule that permits each parent to enjoy the maximum participation possible in the children’s lives that is consistent with the factors set forth in Tennessee Code Annotated § 36-6-106(a). |
Rutherford | Court of Appeals | |
William H. Worley, et al v. Rarity Communities, Inc., et al
Following a trial where Plaintiffs were awarded compensatory and punitive damages, Defendants filed a motion seeking a new trial based on juror misconduct. Defendants alleged the jurors arrived at the punitive damages amount using a quotient, or gambling, verdict. The trial court denied Defendants’ motion for a new trial and Defendants appealed. We affirm the trial court’s judgment because the jurors’ affidavits indicate that not all jurors agreed in advance to be bound by the mathematical process involved in arriving at a quotient verdict. |
Marion | Court of Appeals | |
Jason Cooper, et al. v. Robert Ledford Funeral Home, Inc., et al.
We granted Robert Ledford Funeral Home, Inc.’s (“the Funeral Home”) application for extraordinary appeal pursuant to Tenn. R. App. P. 10 to consider the issue of whether the Funeral Home was entitled to summary judgment as a matter of law if the undisputed material facts demonstrate that its “on call” employee, Johnny Tipton, was not acting within the course and scope of his employment with the Funeral Home when the vehicle accident causing injuries to the plaintiffs occurred. We find and hold that the undisputed material facts demonstrate that Mr. Tipton was not acting within the course and scope of his employment with the Funeral Home, and that the Funeral Home is entitled to summary judgment as a matter of law. |
Unicoi | Court of Appeals | |
Andrew Spencer v. Norfolk Southern Railway Company
Andrew Spencer (“Plaintiff”) sued Norfolk Southern Railway Company (“Railroad”) for negligence under the Federal Employers’ Liability Act. After a jury trial, the Trial Court entered judgment on the jury’s verdict finding and holding, inter alia, that the Railroad was not at fault for Plaintiff’s injury. Plaintiff appeals raising an issue regarding jury instructions concerning foreseeability and notice. We find that the jury instruction regarding foreseeability and notice was misleading, and we vacate and remand for a new trial. |
Hamilton | Court of Appeals | |
In the Matter of Faith A. F.
Father in child custody and support proceeding appeals the trial court’s findings: (1) that he was in criminal contempt of court; (2) that he was in civil contempt of court and setting the amount necessary to purge himself of contempt; (3) in suspending his parenting time; (4) modifying his child support obligation; and (5) ordering him to pay Mother’s attorney fees. We have determined that the finding of criminal contempt, the order modifying his child support obligation, and the order that Father pay Mother’s attorney fees should be vacated and the case remanded for further proceedings in connection therewith. In all other respects we affirm the trial court’s judgment. |
Wilson | Court of Appeals | |
Gregory Anderson d/b/a ABC Painting Company v. The Metropolitan Development and Housing Agency
A painting contractor filed a complaint against Nashville’s Metropolitan Housing and Development Agency (MDHA) alleging that the agency had violated its own rules by failing to choose him as the lowest bidder on a painting contract. The trial court dismissed the complaint, holding that it lacked subject matter jurisdiction because an administrative decision, such as the award of a painting contract, can only be challenged through a petition for writ of certiorari, and the contractor had filed his complaint after the sixty day time limit for filing the writ had passed. See Tenn. Code Ann. § 27-9-102. We affirm. |
Davidson | Court of Appeals | |
Joseph H. Johnston v. Marilyn Swing et al
The plaintiff, an attorney representing himself, filed this action against the Metropolitan Government of Nashville and Davidson County, the Metro Clerk in her official capacity, and the Director of the Metro Department of Parks and Recreation Services in his official capacity. He asserts a 42 U.S.C. § 1983 claim that arises from him being prohibited from speaking on behalf of his clients at two separate meetings of the Board of the Metro Department of Parks and Recreation, because he failed to give timely notice to the Board. He alleges the defendants deprived him of his rights under the Fourteenth Amendment to the United States Constitution and Article I, section 8 of the Tennessee constitution and seeks nominal damages for the alleged deprivation of his rights. He also seeks a declaratory judgment that the Parks’ Board rule requiring fourteen days’ notice to be heard at a Board meeting is invalid. We have determined, as the trial court did, that the plaintiff’s claims related to the first Board meeting are time-barred. As for the claims related to the second Board meeting, we have determined that the plaintiff’s rights were not violated because the plaintiff had actual notice of the Board policy requiring fourteen days’ notice well in advance of the second meeting. Finally, we have determined the plaintiff is not entitled to a declaratory judgment because he failed to demonstrate that he is seeking to vindicate an existing right under presently existing facts. The trial court summarily dismissed the claims. We affirm. |
Davidson | Court of Appeals | |
H. G. Hill Realty Company, L.L.C. v. Re/Max Carriage House, Inc., et al.
This appeal arises from the denial of Appellant’s Tennessee Rule of Civil Procedure 60.02 motion for relief from a default judgment. Appellee’s original complaint was filed against the Appellant’s company for breach of a commercial lease agreement. Appellee was granted leave to amend the complaint to add Appellant, individually, as a party-defendant. Appellant failed to file any responsive pleadings in the case and a default judgment was entered against him. Several months later, Appellant filed a Rule 60.02 motion to set aside the default judgment against him. We conclude that the trial court did not err in piercing the corporate veil to add Appellant as a defendant, or in the amount of damages awarded in the default judgment. Because Appellant failed to meet his burden of proof on the Rule 60.02 motion, we also conclude that the trial court did not err in denying the motion. Affirmed and remanded. |
Davidson | Court of Appeals | |
Charles Wade McCoy v. Alisha Poindexter McCoy
This appeal arises from a divorce action in which the trial court denied Mother’s motion to correct a clerical mistake in the permanent parenting plan pursuant to Rule 60.01 of the Tennessee Rules of Civil Procedure. Mother appeals. Vacated and Remanded. |
McNairy | Court of Appeals | |
Tracy Lynn Muhlstadt v. Larry David Muhlstadt
Petition to modify child support obligation was filed by Father; Mother filed a counter-petition requesting that the court make a determination as to where their child would attend school. The trial court dismissed Father’s petition when he did not provide information to support his assertion that he no longer received a portion of the income upon which his child support obligation was based and therefore he failed to show a change of circumstance relative to his income. The court found that it would be in the child’s best interest to attend school in the school for which Mother’s residence was zoned and granted Mother’s counter-petition; the court also awarded attorney fees to Mother. We affirm the court’s decision relative to the child’s school enrollment. We reverse the order dismissing Father’s petition for modification and remand the case for reconsideration; we reverse the award of attorney fees. |
Wilson | Court of Appeals | |
Fonda Blair v. Rutherford County Board of Education
Teacher who brought action against Rutherford County, the Rutherford County Board of Education, and two employees of the Board appeals the grant of defendants’ motion for summary judgment and dismissal of her claim that defendants violated the Education Truth in Reporting and Employee Protection Act of 1989, as well as her claims for invasion of privacy, abuse of process, misrepresentation, and harassment. We affirm the trial court’s holding that there is no general cause of action under the Education Truth in Reporting and Employee Act of 1989. Finding that there are genuine issues of material fact with respect to Plaintiff’s claim for retaliation which preclude summary judgment, we reverse and remand for further proceedings. We affirm the trial court’s dismissal of the remaining claims. |
Rutherford | Court of Appeals | |
Herbert S. Moncier v. Hearing Panel of the Board of Professional Responsibility
An attorney disciplined by the Board of Professional Responsibility brought suit against the Board hearing panel that decided his case. The attorney asserts that the hearing panel violated the Open Meetings Act. We have concluded that the trial court properly determined that the Open Meetings Act does not apply to the Board’s hearing panels. |
Knox | Court of Appeals | |
PNC Multifamily Capital Institutional Fund XXVI Limited Partnership, et al. v. Bluff City Community Development Corporation
The trial court appointed a receiver for the appellant nonprofit corporation and held its president in contempt for repeated failures to comply with the court’s previous orders. The nonprofit corporation appeals. We affirm. |
Shelby | Court of Appeals | |
In Re: Shandajha A.G.
This is a parental termination case. The child at issue was removed from the mother as a result of the mother’s drug abuse. The trial court found clear and convincing evidence to support the grounds for termination of the mother’s parental rights and clear and convincing evidence that such termination was in the child’s best interest. The trial court further allowed the non-relative petitioners to adopt the child. The mother appeals. We affirm. |
Knox | Court of Appeals | |
Arleen Christian v. Ebenezer Homes of Tennessee, Inc. D/B/A Good Samaritan Nursing Home
Visitor to a nursing home who was injured when a door swung into her brought suit against the nursing home, alleging that the door constituted a dangerous and defective condition and that the nursing home failed to exercise reasonable care to avoid injuries to visitors. The nursing home filed a motion for summary judgment which was granted on the basis that the door did not constitute a dangerous or defective condition. Finding no error, we affirm the judgment. |
Davidson | Court of Appeals | |
Jonathan Duane Christy v. Mitchell B. Dugan, Administrator Ad Litem of the Estate of Laura Antoinette Long, Deceased
In this action for damages related to a motor vehicle collision, Plaintiff appeals the trial court’s grant of summary judgment in favor of the Defendant. Plaintiff contests Defendant’s compliance with summary judgment requirements and the trial court’s consideration of extraneous evidence in reaching its decision. Finding no reversible error, we affirm the judgment of the trial court. |
Dickson | Court of Appeals | |
Adedamola O. Oni, M.D. v. Tennessee Department of Health & Tennessee Board of Medical Examiners
This appeal arises out of disciplinary proceedings against a physician before the Tennessee Board of Medical Examiners. The proceedings were instituted after the New York State Board for Professional Medical Conduct disciplined the physician. The Tennessee Board of Medical Examiners revoked the physician’s medical license and the physician appealed to the chancery court pursuant to Tennessee Code Annotated section 4-5-322. The chancery court reversed and vacated the order revoking the physician’s medical license. The Tennessee Department of Health and the Tennessee Board of Medical Examiners appealed. For the reasons set forth herein, we reverse in part, affirm in part, and remand for reconsideration. |
Davidson | Court of Appeals | |
In Re: Shannon P. et al
This is a termination of parental rights case focusing on the five minor children (“the Children”) of Tineaka P. (“Mother”) and Shannon P., Sr. (“Father”). The Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of both parents on June 14, 2011. The petition alleged several grounds for termination, including severe child abuse, abandonment based on willful failure to support the Children, persistent conditions, and substantial noncompliance with the permanency plan. Following a bench trial, which concluded in February 2012, the trial court granted the petition as to Mother after finding by clear and convincing evidence that Mother had committed severe child abuse, that she had abandoned the Children due to her willful failure to pay child support, that she had failed to substantially comply with the permanency plan, and that the conditions leading to removal persisted. Father was granted an additional ninety days to attempt to improve his situation, and a hearing date was set for May 10, 2012, regarding the termination of his parental rights. At the conclusion of the bench trial on May 10, the court also terminated Father’s parental rights after finding by clear and convincing evidence that Father had failed to substantially comply with the permanency plan and that the conditions leading to removal persisted. The trial court also found that termination of both parents’ parental rights was in the Children’s best interest. Mother and Father have appealed. We affirm. |
Knox | Court of Appeals | |
BancorpSouth Bank v. David J. Johnson, Eugene Gibson, and Cheryl Gibson
This appeal involves the enrollment of a foreign judgment. The plaintiff creditor sought to enroll in Tennessee a deficiency judgment obtained in Arkansas. The defendant debtors contended that the Arkansas judgment should not be given full faith and credit in Tennessee, alleging inter alia the fraud exception to the Full Faith and Credit Clause of the constitution. The trial court enrolled the Arkansas judgment, and the debtors appeal. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Lyle Douglas Vaughan, et al. v. Hawkins County, Tennessee, et al.
In a prior appeal of this matter, we affirmed the trial court’s determination that a road in dispute was private rather than public. Ten months after our decision, the defendants, the Brewers, filed a Rule 60.02 motion to vacate with the trial court based upon newly discovered evidence. The trial court overruled the motion. The defendants appeal. We affirm. |
Hawkins | Court of Appeals | |
Ramon Williams v. Dana Randolph
This is an appeal from the trial court’s final order modifying the visitation schedule as required upon remand from a prior appeal. See In re Iyana R.W., No. E2010-00114-COAR3- JV, 2011 WL 2348458 (Tenn. Ct. App. 2011). The trial court denied the father’s attempt to modify custody of the minor child and ordered the case transferred to the Davidson County Juvenile Court as the more convenient forum for any further proceedings. The father appeals. We affirm in part and reverse in part. |
Bradley | Court of Appeals |
