COURT OF APPEALS OPINIONS

Crystal N. Howard Elser v. Curtis M. Elser
E2023-00628-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Jace Cochran

A husband challenges the issuance of an order of protection prohibiting him from contacting his wife. Finding that the evidence supports the issuance of an order of protection and that the husband has waived any objection to improper venue, we affirm.

Stacy Jacobson v. Tennessee Department of Children's Services
M2022-01610-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Patricia Head Moskal

This appeal arises from a Tennessee Public Records Act (“TPRA”) petition to access a Tennessee Department of Children’s Services (“DCS”) case file regarding its investigation into the fatality of a fourteen-year-old boy. The petition also sought disclosure of the investigation into the child’s death, as well as four prior investigations related to the same child, pursuant to Tennessee Code Annotated § 37-5-107. Prior to the filing of the petition, the petitioner, Stacy Jacobson (“Ms. Jacobson”), submitted a written request to obtain the unredacted version of the deceased child’s case file, along with the records from four prior DCS investigations related to the child. DCS denied the requests, citing several legal bases, including Tennessee Code Annotated § 37-5-124, Tennessee Code Annotated §§ 37-1-409 and 612, Tennessee Code Annotated § 37-5-107, Tennessee Rule of Criminal Procedure 16 (“Rule 16”), and the 2013 Davidson County Chancery Court order requiring that DCS redact all such records to eliminate information made confidential under state law. Thereafter, Ms. Jacobson filed a petition in the Chancery Court of Davidson County to obtain access to the unredacted public records, the four related investigative files, and for her attorney’s fees and costs. The trial court denied the petition, finding that, under “the state law exception” to the TPRA, which encompasses Rule 16, the redacted portions of the case file and the four related investigative files are exempt from disclosure because they are relevant to an ongoing criminal prosecution of the deceased child’s family members who are alleged to be responsible for his abuse and death. Ms. Jacobson subsequently filed a motion to alter or amend judgment, arguing that the trial court had failed to consider whether the DCS records from the prior investigations involving the deceased child were part of the child’s “full case file.” The trial court denied the motion, finding that a ruling on this issue would constitute an advisory opinion. Ms. Jacobson appeals the trial court’s denial of her requests. For the reasons explained below, we vacate the judgment of the trial court and remand for further proceedings.

Monoleto Delshone Green v. State of Tennessee et al.
M2024-00322-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal from an Order Granting Respondents’ Motions to Dismiss and Denying Petitioner’s Writ of Certiorari and Mandamus. Because the appellant did not file a notice of appeal within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Catherine Wolte Pallekonda v. Vinay Anand Raj Pallenkonda
W2023-00574-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Steven W. Maroney

In this divorce action, the husband appeals the trial court’s division of the marital estate,
its determination that he was underemployed, and the wife’s awards of alimony. For the
reasons stated herein, we affirm the judgment of the trial court.

Tricap Cross Creek Associates LLC v. Gabriel Corzo Et Al.
E2023-00635-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Kyle E. Hedrick

This appeal concerns a landlord/tenant dispute. Tricap Cross Creek Associates, LLC (“Plaintiff”), the landlord, filed a detainer action against Gabriel Corzo (“Defendant”), the tenant, in the General Sessions Court for Hamilton County. Judgment was entered for Plaintiff. Defendant appealed to the Circuit Court for Hamilton County (“the Trial Court”). Plaintiff filed a motion for summary judgment, which the Trial Court granted. Defendant appeals, arguing that genuine issues of material fact exist. Plaintiff asks, pursuant to the lease, for an award of attorney’s fees and costs incurred on appeal. As Defendant never responded to Plaintiff’s statement of undisputed material facts, he failed to show a genuine issue of material fact existed. We affirm. On remand, the Trial Court is to determine and award to Plaintiff its reasonable attorney’s fees and costs incurred on appeal.

Cassandra Burks v. Gregory B. Burks
E2022-00776-COA-R3-CV
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Senior Judge Don R. Ash

This is a divorce proceeding in which the wife filed a divorce complaint against the husband on the grounds of adultery and inappropriate marital conduct. While the action was pending, Husband drafted a handwritten reconciliation document in which he promised that the marital residence would become the wife’s separate property if he ever “cheated” on her again, “in consideration of her reconciling with [him] (also dropping the
divorce lawsuit currently filed).” Although the wife took no action to “drop” or dismiss the divorce complaint, the trial court, sua sponte, dismissed the complaint for failure to prosecute. Upon learning that the husband’s infidelity had resumed, the wife successfully motioned to set aside the order of dismissal, and the case went to trial. In its final order, the trial court granted the wife a divorce on grounds of inappropriate marital conduct due to the husband’s infidelity. Because the wife took no action to enforce the purported reconciliation agreement, the court classified the marital residence as marital property, not the wife’s separate property. The court awarded the wife approximately $3.9 million in marital assets, of which $1.3 million was liquid assets, representing 60% of the marital estate. The court further awarded the wife $13,000 per month in transitional alimony for eight years and $229,000 in alimony in solido, but declined to award her alimony in futuro. The court also denied the wife’s request to recover her attorney’s fees and expenses. The wife appeals, contending that the trial court erred in failing to classify the marital residence as her separate property and in failing to award her alimony in futuro as well as her attorney’s fees. We affirm.

Ann Calabria v. Corecivic of Tennessee, LLC
M2023-00424-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Amanda Jane McClendon

The mother of an incarcerated person filed suit against the prison operator for injuries
allegedly sustained when a chair in the prison visitation room collapsed as she sat in it.
The trial court denied the mother’s motion for sanctions based upon allegations of
spoliation of evidence. The trial court then granted summary judgment in favor of the
prison operator. We affirm the trial court’s decisions on both motions.

Stephen Boesch v. Scott D. Hall
E2023-00935-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge David R. Duggan

The Circuit Court for Sevier County (“the Trial Court”) dismissed the motion for summary judgment filed by Stephen Boesch (“Plaintiff”) due to his failure to file a separate statement of undisputed material facts in accordance with Tennessee Rule of Civil Procedure 56.03. The Trial Court additionally denied Plaintiff’s oral motion for default judgment against Scott D. Hall (“Defendant”) and granted Defendant’s motion for summary judgment. Plaintiff has appealed. Upon our review, we affirm the Trial Court’s judgment.

In Re Conservatorship of Susan Davis Malone
W2024-00134-COA-T10B-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Joe Townsend

This is the second interlocutory appeal as of right, pursuant to Tennessee Supreme Court
Rule 10B, filed by the appellants seeking to recuse the trial judge in the underlying
conservatorship action. After this Court entered its opinion and judgment in the first
interlocutory appeal, the trial judge entered several orders before the mandate was entered
with the trial court. In this second interlocutory appeal, appellants request, inter alia, that
we declare those orders void for lack of subject matter jurisdiction. After careful review,
we determine that the stay of trial court proceedings imposed by this Court in the first
interlocutory appeal remained in place until the mandate was entered. Taking into
consideration the limits of our review in a Rule 10B appeal, we vacate the trial court’s
orders entered between the time the appellants filed their second motion to recuse and the
trial court’s ruling on the recusal motion. We also vacate the trial court’s order denying
the second motion to recuse. Because the trial court’s order denying the second motion to
recuse is vacated, all remaining matters in this second interlocutory appeal are pretermitted
as moot.

Chaquana P. Williams v. Dollar General Corporations, LLC
E2023-00702-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Kyle E. Hedrick

Appellant filed a premises liability claim against the defendant store after she fell at its entrance. The trial court granted the defendant summary judgment. We affirm.

Blakele Bakker M.D. v. Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System
E2022-00872-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge W. Jeffrey Hollingsworth

The trial court granted summary judgment in favor of the defendant hospital in this premises liability case, finding that the defendant had no notice of the alleged dangerous or defective condition on its premises. The plaintiff has appealed. Following our review, we determine that the plaintiff was not provided notice and a reasonable opportunity to respond to all issues to be considered by the trial court at the summary judgment stage. Accordingly, we vacate the trial court’s grant of summary judgment.

Jerome Penzich v. Lauren Woodall
E2023-01235-COA-R3-JV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge Sharon M. Green

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Brittany Sharayah Lehmann v. Jerry Scott Wilson
M2023-00232-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Barry R. Tidwell

The appellant challenges his convictions on two charges of criminal contempt for violating an order of protection prohibiting him from contacting his former partner. The convictions arise from two communications between the appellant and the appellee when exchanging their minor child. We have determined that the underlying orders lack the required level of clarity and contain significant ambiguities. We, therefore, reverse the convictions.

Glen Hale v. Brian Bergmann et al.
M2022-00782-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor J.B. Cox

Two neighboring property owners had the right to use the same easement for ingress and egress. For many years, the neighbors used and maintained a shared gravel road to access their properties. Then one property owner unilaterally removed gravel from part of the road and created an alternate route. The other property owner filed suit, seeking to protect his easement rights. The trial court held the owner who damaged the road liable for “acting beyond his legal rights” and “changing the nature and character of the easement.” Among other things, the court awarded the damaged party a judgment for the costs of the repairs plus pre-judgment interest and a permanent injunction. Because the evidence preponderates against the damages awarded, we modify the judgment by reducing the award. We also vacate the permanent injunction because the damaged property owner did not seek that relief. We affirm the trial court in all other respects.

Thomas Kaminski v. Tennessee Bureau of Investigation
M2024-00291-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Chancellor I’Ashea L. Myles

This is an appeal from a final order affirming the Tennessee Bureau of Investigation’s denial of a request for termination of registration on the Sex Offender Registry. Because the appellant did not file his notice of appeal with the clerk of the appellate court within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Staci L. Robinson v. Eric S. Robinson
E2023-00546-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Douglas T. Jenkins

Husband moved for relief from a final decree of divorce under Tennessee Rule of Civil
Procedure 60.02(2). He claimed that his former spouse intentionally misrepresented her
income and assets during the divorce proceedings. The trial court denied the motion. We
affirm.

Essy Kazemi et al. v. Hamid Arab
M2022-00707-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Deanna B. Johnson

The Defendant signed a promissory note and borrowed $500,000 from the Plaintiffs, with the loan secured by his home. Months later, the parties entered into a note modification agreement that increased the principal to $900,000. The Defendant did not pay back the loan, making no payments, so the Plaintiffs sued to recover under the agreements. Over two years after the original answer was filed, the Defendant moved to amend his answer to add several affirmative defenses. The trial court denied the motion to amend. After a trial, the trial court found that the Defendant owed the Plaintiffs $843,011.47. The Defendant appeals the denial of his motion to amend and raises multiple other issues primarily relating to the amount owed. We find no error and affirm the trial court.

Raymond T. Throckmorton, III, et al. v. Steven L. Lefkovitz, et al.
M2022-01124-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Anne C. Martin

The plaintiff attorneys filed this action alleging tortious interference with a business relationship and unlawful procurement of breach of contract, Tennessee Code Annotated section 47-50-109, against the defendant attorney and his law firm for his defense of their former clients in an action to recover fees. The trial court granted summary judgment in favor of the defendant attorney and the law firm. We affirm.

In Re S.C., et al.
W2022-01709-COA-R3-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge A. Blake Neill

Mother appeals the trial court’s finding that her children were dependent and neglected.
We affirm.

In Re Estate of Thomas Lee Griffin
W2023-00508-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Joe Townsend

This appeal arises from a petition for declaratory judgment concerning a quit claim deed.
By the quit claim deed, the grantor, now deceased, conveyed to the respondent an
undivided one-half interest in the property. Following the property description and
derivation clause, the deed expressly provided that it was the intention of the grantor and
the grantee to create a joint tenancy with a right of survivorship. The respondent filed a
motion for summary judgment, asserting that the survivorship language in the deed was
sufficient to create a right of survivorship in the respondent. The trial court entered an
order denying the respondent’s motion for summary judgment and granting the petition for
declaratory judgment in favor of the petitioner. The respondent appealed. We reverse.

In Re Daxleigh F. Et Al.
E2023-00749-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Sharon M. Green

This is a termination of parental rights case. Appellant/Mother appeals the trial court’s termination of her parental rights on the grounds of: (1) abandonment by failure to support; (2) persistence of the conditions that led to the children’s removal; and (3) failure to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the children. The trial court also determined that termination of Mother’s parental rights is in the children’s best interests. Discerning no error, we affirm.

In Re Nevaeh K.
E2023-01106-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Mark Toohey

This is a termination of parental rights case. Both parents appeal the trial court’s determination of the existence of statutory grounds to terminate their rights, as well as its conclusion that termination is in their child’s best interests. The father also challenges whether the trial court erred in denying his motion for in-person attendance at trial. Upon our review of the record, we affirm.

In Re Ember H. Et Al.
E2023-00687-COA-R3-PT
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Timothy E. Irwin

This appeal concerns termination of parental rights. Maternal grandparents Chaunta C. (“Grandmother”) and Thomas C. (“Petitioners,” collectively) filed a petition in the Juvenile Court for Knox County (“the Juvenile Court”) seeking to terminate the parental rights of Bethany U. (“Mother”) to her minor children Ember H. and Erowynn H. (“the Children,”collectively). After a hearing, the Juvenile Court entered an order terminating Mother’s parental rights on grounds of abandonment by failure to visit, abandonment by failure to support, failure to manifest, and persistent conditions. Mother appeals, arguing among other things that Petitioners prevented her from visiting the Children. We vacate the ground of persistent conditions. However, we find, as did the Juvenile Court, that the three other grounds were proven by clear and convincing evidence. We find further by clear and convincing evidence, as did the Juvenile Court, that termination of Mother’s parental rights is in the Children’s best interest. We thus affirm as modified, resulting in affirmance of the termination of Mother’s parental rights to the Children.

Stoneybrooke Investors LLC v. Agness McCurry
E2024-00253-COA-T10B-CV
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Senior Judge D. Kelly Thomas, Jr.

This matter involves an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the Washington County Circuit Court’s denial of a motion to recuse filed by the appellant. Having reviewed the petition for recusal appeal and other filings submitted by the appellant, we determine that the appellant failed to comply with the mandatory requirements of Rule 10B. We therefore affirm the trial court’s ruling.

In Re Chance B. et al.
M2023-00279-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Ben Dean

Mother appeals the termination of her parental rights and the stepparent adoption of her two children by their stepmother. The trial court found three grounds for termination: abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume custody. The trial court also concluded that terminating Mother’s parental rights was in the children’s best interest. The termination was conjoined with a stepparent adoption, which the trial court granted. The Mother appeals. We affirm the judgment of the trial court terminating Mother’s parental rights and granting the stepparent adoption.