Stephen Meacham, Personal Representative of the Estate of Robert E. Meacham v. William Earl Starnes, Sr.
This case involves the bond requirements for an appeal from General Sessions Court to Circuit Court. The plaintiff sued the defendant for damages in General Sessions Court, and a judgment was entered in favor of the defendant. The plaintiff sought a de novo appeal to Circuit Court. Within ten days of the General Sessions Court judgment, the plaintiff filed a notice of appeal and paid $211.50 to the General Sessions Court clerk, pursuant to T.C.A. 8-21-401(b)(1)(C)(i). The plaintiff did not file any further bond at that time. The defendant filed a motion to dismiss, asserting that the Circuit Court lacked subject-matter jurisdiction over the case because the plaintiff had not complied with the appeal-bond requirement in T.C.A. § 27-5-103. The trial court granted the motion to dismiss on that basis. The plaintiff now appeals. We reverse in light of our recent decision in Bernatsky v. Designer Baths & Kitchens, LLC, No. W2012-00803-COA-R3-CV, 2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013), and remand for further proceedings. |
Shelby | Court of Appeals | |
Richard Liput v. Bobby Grinder
Appellant appeals the trial court’s grant of summary judgment to the Appellee uninsured motorist carrier for failure to properly and timely serve the alleged tortfeasor. After a careful review of the record, we affirm. |
Hardin | Court of Appeals | |
Cheryl O. Charles v. Gisselle Carter Neely
This case involves an alleged agreement about funds distributed from a reopened estate. The decedent father died years ago, leaving three daughters and an estranged wife. The father’s estate was probated and closed. Long afterward, the petitioner daughter discovered unclaimed funds in the father’s name held by the State. Another daughter, the executrix of the father’s estate, reopened the father’s estate. Finding no claims against the estate, the probate court distributed the funds to the executrix, in accordance with the father’s will, and closed the estate. The daughter who discovered the unclaimed funds filed the instant petition in chancery court, asserting that the sisters had agreed that the funds would be split among them in accordance with their mother’s will. Based on the probate court’s adjudication of the father’s reopened estate, the chancery court granted summary judgment in favor of the executrix daughter, holding that res judicata barred the chancery court action. We affirm the grant of summary judgment as to allegations in the chancery court petition that the probate court should have distributed the funds differently. We reverse the grant of summary judgment as to the remainder of the chancery court petition, finding that the petition also asserts claims based on an alleged separate oral agreement among the sisters, and hold that the respondent executrix sister has not conclusively established the defense of res judicata as to these remaining claims. |
Shelby | Court of Appeals | |
In Re Jaycee W.
This is a dependency and neglect case focusing on Jaycee W. (“the Child”), the minor daughter of Ellie H. (“Mother”) and Jerry W. (“Father”). At age five weeks, the Child suffered a suspicious broken leg. Further examination revealed multiple other broken bones. The Department of Children’s Services (“DCS”) immediately took the Child into protective custody and filed a dependency and neglect petition alleging that the Child was severely abused in the custody of her parents. Following an adjudicatory hearing, the juvenile court found that the Child was dependent and neglected and that both parents had committed severe child abuse. Both appealed to the trial court. Following a trial de novo, the trial court made the same findings. Mother appeals the trial court’s finding that she is guilty of severe child abuse. We affirm. |
Perry | Court of Appeals | |
In Re Natasha A.
The mother of the minor child at issue appeals the termination of her parental rights. The juvenile court found several grounds for terminating the mother’s parental rights and that termination was in the best interest of the child. We affirm the termination of the mother’s parental rights. |
Davidson | Court of Appeals | |
Sullivan Electric, Inc. v. Robins & Morton Corporation
A subcontractor on a large project in Texas sued the general contractor claiming the general contractor breached an agreement the parties made regarding claims both had against the owner of the Texas project. The parties agreed the subcontractor would be entitled to a pro rata share of the settlement or judgment amount if the subcontractor’s claims were not itemized. The settlement agreement between the general contractor and the owner did not include an itemization of the subcontractor’s claims. The subcontractor had been given a prepayment of its claim against the owner in the amount of $300,000, and applying this to the subcontractor’s pro rata share, the general contractor determined the subcontractor was not entitled to anything more. The trial court deducted the $300,000 from the subcontractor’s claim and awarded the subcontractor its pro rata share of the difference. Both the subcontractor and general contractor appealed, the subcontractor claiming it was not awarded enough and the general contractor claiming the subcontractor was awarded too much. We reverse the trial court’s award and hold the $300,000 the subcontractor received as a prepayment was more than it was entitled to pursuant to the terms of the parties’ agreement. Accordingly, the contractor did not breach its agreement, and the subcontractor was not entitled to any damages. |
Davidson | Court of Appeals | |
Donna M. Williams v. Metropolitan Government of Nashville Davidson County
Plaintiff appeals the dismissal of her complaint to recover for personal injuries sustained in a fall at the Davidson County Correctional Development Center. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Ruby Lois Dye v. Leonard Waldo, et al
This case involves a dispute over the ownership of a parcel of real property to which the appellees obtained title in May 2010. The appellant argued that the property belonged to her through the doctrine of adverse possession because she and her mother had used the property exclusively since 1937. The appellees proved at trial that the appellant had not paid taxes on the land for more than 22 years and moved for a directed verdict at the close of the appellant’s case-in chief. The trial court granted the motion based upon the statutory bar imposed by Tennessee Code Annotated section 28-2-110. The appellant appeals. We affirm. |
Rhea | Court of Appeals | |
In the Matter of: Anna C.T.
Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
In Re: Dacia S., et al.
The State of Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of Donald R.S., Jr. (“Father”) to the minor children Dacia S., Aerial W. , and Teagan W. After a trial, the Trial Court entered its order terminating Father’s parental rights to the Children after finding and holding, inter alia, that DCS had proven by clear and convincing evidence that grounds existed to terminate Father’s parental rights pursuant to Tenn. Code Ann. § 36-1-113(g)(1) and Tenn. Code Ann. § 36-1- 102(1)(A)(iv) and that the termination was in the Children’s best interest. Father appeals to this Court. We affirm. |
Hamilton | Court of Appeals | |
Markina Westmoreland, et al. v. William L. Bacon, M.D., et al.
The Tennessee Supreme Court remanded this case to us for consideration in light of its opinion in Shipley v. Williams. In the original appeal of this medical malpractice case, this court affirmed the trial court’s grant of summary judgment to the defendants on the basis that the plaintiff’s only expert witness was not competent to testify pursuant to the Tennessee Medical Malpractice Act, Tenn. Code Ann. § 29-26-115. On remand we conclude the trial court erred in ruling that the plaintiffs’ expert was not competent to testify and consequently, the plaintiffs created genuine issues of material fact, making summary judgment for defendants inappropriate. We reverse the grant of summary judgment and remand the case back to the trial court for further proceedings. |
Davidson | Court of Appeals | |
Marina Castro v. TX Direct, LLC
Employer terminated employee shortly after discovering she was pregnant. Thereafter, employee filed a complaint against her former employer asserting claims of sex and pregnancy discrimination, retaliation, and misrepresentation. Following a period of discovery, the trial court granted summary judgment in favor of the employer on each of the employee’s claims. After thoroughly reviewing the record, we affirm in part, reverse in part, and remand for further proceedings. |
Shelby | Court of Appeals | |
Soumya Pandey v. Manish Shrivastava
Following a four-day trial in this divorce case, the trial court entered an order naming the Mother primary residential parent and permitting her to relocate to Arkansas with the parties’ minor child. The Father appeals. Because the trial court failed to provide any reason for its decision, we are unable to perform a meaningful review on appeal. Therefore, we remand this matter to the trial court to enter an order that contains the findings and conclusions mandated by Tennessee Rule of Civil Procedure 52.01. |
Shelby | Court of Appeals | |
Roy W. Keith v. Michael J. Jackson, Sr., and Nata M. Jackson
This appeal arises from a dispute concerning a contract for employment. Roy W. Keith (“Keith”) sued Michael J. Jackson, Sr. and Nata M. Jackson (“the Jacksons”) in the Circuit Court for Greene County (“the Trial Court”), alleging that he was not paid separation payments due to him under an employment agreement. The Jacksons answered the complaint, arguing essentially that Keith waived these payments when he accepted a job in the new corporation. Keith filed a motion for summary judgment, which the Trial Court granted. The Jacksons appeal to this Court. We hold that the Trial Court erred in granting summary judgment as there remained a material controversy regarding whether Keith waived his right to payment under the employment agreement. We vacate the judgment of the Trial Court. |
Greene | Court of Appeals | |
In Re: Tiashaun C., et al
This is a termination of parental rights case pertaining to two minor children (collectively “the Children”) of the defendant, Valtrella C. (“Mother”). The Children were placed in the custody of the petitioners, Jason C. and Edana B., in November 2009. The Children had been removed from Mother by the Department of Children’s Services (“DCS”) because of Mother’s substance abuse problems. Jason C. and Edana B. filed a petition in June 2011 seeking to terminate the parental rights of Mother. They alleged that grounds for termination existed due to abandonment based on Mother’s willful failure to visit or pay more than token support. Following a bench trial, the court granted the petition after finding, by clear and convincing evidence, that Mother had willfully failed to visit the Children. The court also found, by clear and convincing evidence, that termination was in the best interest of the Children. Mother appeals. We affirm. |
Anderson | Court of Appeals | |
Donald K. Nelson v. Gerald E. Nelson, et al.
This interlocutory appeal involves the question of whether the arbitration provisions contained in Tenn. Code Ann. §56-7-1206(f)-(k)(2008), a part of the Tennessee uninsured motorist (“UM”) statutory scheme, apply to policies with UM coverage that were issued and delivered in Texas. The trial court held that the arbitration provisions do apply. The UM carriers, brought into this action pursuant to the provisions of Tenn. Code Ann. §56-7- 1206(a), appealed that decision. We reverse the trial court’s judgment. |
Hamilton | Court of Appeals | |
Gwendolyn Ann Cradic v. Kenneth Wayne Cradic
This case focuses, in the context of the parties’ divorce, on the distribution of their marital assets and debts. Gwendolyn Ann Cradic (“Wife”) filed a complaint for divorce against Kenneth Wayne Cradic (“Husband”) on October 24, 2008. The parties went to trial in October 2011 on the issues of fault and division of property. The court awarded Wife a divorce on the ground of inappropriate marital conduct. It then divided the parties’ assets and debts. Husband appeals the trial court’s classification of one asset and its division of marital property. We affirm. |
Hawkins | Court of Appeals | |
Thais M. Lay v. Millard C. Wallace and Iris Carrington
This case involves the status of a road as public or private, as well as Plaintiff’s right to access such. We find that the roadway was a public road prior to 1960, but that it has since been abandoned. Finding no necessity, we further conclude that Plaintiff is not entitled to a private easement over the road to access her property. We affirm the trial court’s dismissal of Plaintiff’s complaint. |
Henderson | Court of Appeals | |
Federal National Mortgage Association v. James W. Frierson et al
This is one of three cases consolidated for oral argument. In each case, the following happened: (1) the borrower defaulted on his or her home loan and the lender foreclosed by non-judicial action, a procedure authorized by the deed of trust; (2) the purchaser at the trustee’s sale sought possession through an unlawful detainer action; (3) the borrower filed a counterclaim asserting that the non-judicial foreclosure process violates the Tennessee Constitution and is against public policy; and (4) the trial court dismissed the counterclaim and granted possession to the purchaser. The present case went off on summary judgment. The borrower appeals. We affirm the judgment of the trial court in all respects. |
Hamilton | Court of Appeals | |
Patelco Credit Union v. Chris E. Dutton
This is one of three cases consolidated for oral argument. In each case, the following happened: (1) the borrower defaulted on his or her home loan and the lender foreclosed by non-judicial action, a procedure authorized by the deed of trust; (2) the purchaser at the trustee’s sale sought possession through an unlawful detainer action; (3) the borrower filed a counterclaim asserting that the non-judicial foreclosure process violates the Tennessee Constitution and is against public policy; and (4) the trial court dismissed the counterclaim and granted possession to the purchaser following a bench trial. The borrower appeals. We affirm the judgment of the trial court in all respects. |
Hamilton | Court of Appeals | |
Citimortgage, Inc. v. Angeline Renee Drake
This is one of three cases consolidated for oral argument. In each case, the following happened: (1) the borrower defaulted on his or her home loan and the lender foreclosed by non-judicial action, a procedure authorized by the deed of trust; (2) the purchaser at the trustee’s sale sought possession through an unlawful detainer action; (3) the borrower filed a counterclaim asserting that the non-judicial foreclosure process violates the Tennessee Constitution and is against public policy; and (4) the trial court dismissed the counterclaim and granted possession to the purchaser. The present case went off on summary judgment. The borrower appeals. We affirm the judgment of the trial court in all respects. |
Hamilton | Court of Appeals | |
Edwin Lester Smith v. Wilma Neyman Smith
This appeal involves a claim filed to recover real property and personalty that was allegedly misappropriated from Decedent prior to his death. Decedent died at the age of 89, leaving Wife and Son as his survivors. Prior to his death, Decedent transferred the majority of his monetary assets and real estate to Wife. Following his death, Son brought this action, alleging that Decedent did not have the mental capacity to execute the transfers and that the transfers were a result of undue influence exercised by Wife, who exploited her confidential relationship with Decedent and also committed fraud to complete the unlawful conversion of the entirety of the estate. The trial court dismissed Son’s claims and awarded any remaining personalty to Wife. Son appeals. We affirm the judgment of the trial court. |
Bradley | Court of Appeals | |
Kenneth R. Babb, et al. v. Trent Cross, et al.
In this case, Plaintiffs sought a permanent injunction and a declaratory judgment prohibiting Defendants from restricting the use of Marcum Creek Road. Defendants denied that Plaintiffs ever had a right of access to Marcum Creek Road and asserted that Plaintiffs had failed to state a claim upon which relief could be granted. Thereafter, Plaintiffs filed a separate motion for a temporary injunction. The trial court consolidated the hearing on the injunction motion with a trial on the merits and issued a declaratory judgment, providing that Marcum Creek Road was a public road and that the public should have uninterrupted use of the right-of-way. Defendants appeal, asserting that the trial court abused its discretion by consolidating the motion hearing with a trial on the merits. Defendants request remand of this case to the trial court for a trial on the merits. We affirm the judgment of the trial court. |
Scott | Court of Appeals | |
Jeannie McGinnis Caldwell v. The Vanderbilt University d/b/a Vanderbilt University Medical Center et al.
Plaintiff filed suit against Vanderbilt University Medical Center for injuries she sustained during an MRI scan. The trial court held that the complaint stated a claim for medical malpractice and dismissed the complaint for failure to comply with the Tennessee Medical Malpractice Act (“TMMA”). Plaintiff appeals, asserting the complaint sounded in common law negligence and, alternatively, that the documents she filed complied with the TMMA. We affirm the trial court. |
Davidson | Court of Appeals | |
Cindy Russell v. Jean Claridy
A healthy, living tree located in neighbor A’s yard was knocked over during a storm and fell into neighbor B’s yard. The trial court found that neighbor A was not liable to neighbor B for the resulting damage. We affirm. |
Coffee | Court of Appeals |
