Norma Simpson, Individually and next of kin of J. W. Simpson v. Faye Fowler, et al.
This is an appeal from the trial court’s order, setting aside certain transfers by decedent to Appellant. Decedent and Appellee were married, but had been separated for over twenty years. Before his death, Decedent transferred certain property to his paramour, the Appellant herein. When Decedent died, Appellee, his surviving, but estranged spouse petitioned the court to set aside the transfers to Appellant under Tennessee Code Annotated Section 31-1-105. The trial court made certain findings from the bench, but the trial court did not incorporate these oral findings into its order as required under Tennessee Rule of Civil Procedure 52.01, and specifically made no finding that Decedent acted fraudulently or with intent to deprive Appellee of her share of the estate as required for application of Tennessee Code Annotated Section 31-1-105. Accordingly, we vacate and remand to the trial court for further proceedings. |
Obion | Court of Appeals | |
In Re Estate of Mavis A. Combs
Decedent’s adult daughter and three adult grandchildren appeal from the trial court’s judgment that the grandchildren are not entitled to survivor pension benefits under decedent’s employee pension plan. Summary judgment was appropriate because there are no genuine issues of material fact and because there exists no legal basis on which to extend survivor pension benefits to the grandchildren. We affirm. |
Davidson | Court of Appeals | |
Sonya Frances Kelly Rutledge v. Dan Kenneth Kelly
Father was found guilty of five counts of criminal contempt for his failure to pay child support and was sentenced to 50 days in jail. On appeal, Father argues the trial court failed to make the requisite finding regarding his ability to pay. We have determined that the evidence established beyond a reasonable doubt that Father did have the ability to pay the child support obligation, but that the maximum sentence is not appropriate based on the circumstances. Accordingly, we affirm the judgment of the trial court with modifications to Father’s sentence. We also award Mother attorney fees for this appeal and remand the case to the trial court for a determination of the appropriate amount. |
Robertson | Court of Appeals | |
James Lynch, Sr. v. Cleon Portis
The trial court awarded summary judgment to Defendant on Plaintiff’s claim for property damages arising from a motor vehicle collision, finding that Plaintiff did not own the vehicle allegedly damaged. On appeal, Plaintiff asserts the trial court erred by awarding summary judgment to Defendant where ownership of the vehicle is a genuine issue of material fact. We reverse the award of summary judgment and remand for further proceedings. |
Shelby | Court of Appeals | |
Ruth Meadows, et al. v. James W. Smith
The dispute in this case is between siblings over whether an express trust was created at or before the mother, after the father's death, deeded the remainder of the parents' property to four of the children. Plaintiffs claim the four defendants created an oral express trust by agreeing to share the farm equally among all the children upon the mother's death. The Trial Court granted defendants summary judgment and plaintiffs have appealed. We vacate the Trial Court's Judgment on the grounds that there is disputed material evidence as to whether or not an express trust was created among the parties. |
Cumberland | Court of Appeals | |
In Re: Estate of Sidney Wes Jenkins
Claimant, the wife of decedent, filed a claim against his estate claiming that she loaned her husband monies over time, and his estate was indebted to her for the amount of the loans. The Trial Court heard testimony on the claim, and held that claimant failed to meet her burden of proof to establish that she had loaned monies to her husband. Claimant appealed, and we affirm the Trial Judge on the ground that the evidence does not preponderate against the Trial Court's factual determinations. |
McMinn | Court of Appeals | |
Mary Ann Caudle, Next of Kin and Co-Executor of Estate of Louise K. Fite, Deceased, and on Behalf of Wrongful Death Beneficiaries of Louise K. Fite v. Columbia Operations, LLC d/b/a Life Care Centers of Columbia and Life Care Centers of America, Inc.
This is an interlocutory appeal from a trial court’s grant of a motion to compel arbitration. The mother executed a power of attorney in favor of the plaintiff daughter. Subsequently, the daughter signed documents on her mother’s behalf for admission into the defendant nursing home. The documents included an agreement to arbitrate any disputes with the nursing home. After the mother died, the daughter filed this wrongful death lawsuit against the nursing home. The nursing home filed a motion to stay the lawsuit and compel arbitration; this motion was granted. The daughter was then granted permission for this interlocutory appeal, on the issue of whether the power of attorney gave the daughter authority to sign the arbitration agreement and waive her mother’s right to a jury trial. Interpreting the language in the power of attorney document, we find that the daughter had authority to execute the nursing home admission documents, including the arbitration agreement, only if, in the opinion of her physician, the mother was “incompetent or incapable of action” for herself. Therefore, we reverse and remand for further proceedings. |
Maury | Court of Appeals | |
Haas & Wilkerson, Inc. v. Geren Rides, Inc., a/k/a Mega Midways v. Azalea City Amusements, Inc.
Intervenor in a suit to domesticate a foreign judgment and to levy on property of the judgment debtor appeals the failure of the trial court to grant its Tenn. R. Civ. P. 60.02 motion and set aside an order dismissing its claim. Finding that Intervenor should have been granted relief, we reverse the judgment and remand the case for further proceedings. |
Putnam | Court of Appeals | |
Estate of Deola Miller, et al. v. Jim Rice
Administrator of decedent’s estate who was also the sole heir-at-law of decedent asserted |
Hickman | Court of Appeals | |
Donald Robinson v. Memphis-Shelby County Airport Authority
Petitioner, a police officer for the Memphis Airport Police Department (“MAPD”), was terminated by the Memphis-Shelby County Airport Authority (“MSCAA”) for violating several of its policies and procedures. On appeal to this Court, Petitioner argues that MSCAA’s policies, and its application of those policies, violated his Fifth Amendment privilege against self-incrimination. Petitioner also argues that MSCAA violated his equal protection rights by applying its policies and procedures in a disparate fashion. After throughly reviewing the record, we find no basis for Petitioner’s claims. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Appeals | |
In Re: Estate of Omer Stidham
The Bureau of TennCare filed a petition to appoint an administrator of Omer Stidham’s estate in order to file a claim against the estate for medical assistance rendered. The court appointed an administrator, and the Bureau of TennCare filed its claim. The administrator found that the estate was insolvent but moved the court to determine whether real property held in a revocable trust could be used to satisfy the debts of the estate. The heirs objected, arguing that the claim was untimely and that the property could not be reached because it was held in a revocable trust. The court authorized the use of the property to satisfy the debts of the estate, finding that the claim was not untimely and that the revocable trust was subject to claims against the estate. The heirs appeal. We affirm the decision of the trial court. |
Hamblen | Court of Appeals | |
Kim Brown v. Mapco Express, Inc.
This appeal involves claims arising from a verbal exchange at a gas station. The plaintiff customer gave cash to a clerk employed at the defendant gas station to pay for gas. After a verbal exchange between the clerk and the customer, the customer left the gas station. The customer promptly filed this lawsuit, alleging a variety of tort claims, including defamation, false light in the public eye, and infliction of emotional distress. The complaint sought damages in excess of a billion – with a “b”– dollars. The trial court granted summary judgment in favor of the defendant gas station. The customer appeals. We affirm. |
Shelby | Court of Appeals | |
Precision Castings of Tennessee, Inc. v. H and H Manufacturing Company, Inc.
The defendant, a Pennsylvania corporation, challenges the trial court’s decision to exercise personal jurisdiction over the defendant. Based upon the defendant’s initiation of a contractualrelationship with a Tennessee manufacturerand itsentry into a contractproviding that Tennessee law would control, we affirm the trial court’s decision to exercise jurisdiction in this dispute arising out of the contract. |
Sumner | Court of Appeals | |
Candice M. Van Bibber (Formerly Lannin-Glinstra) v. Marc A. Glinstra
The father has appealed from an order entered on September 20, 2011, granting the mother’s motion to dismiss the father’s Tenn. R. Civ. P. 60 motion but reserving several other matters for a final hearing. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment. |
Wilson | Court of Appeals | |
Ann Langford et al. v. Jeane Clark
In this conversionaction,the trialcourtentered judgmentagainstthe defendantupon findings that she abused a confidential relationship, exerted undue influence, and improperly converted funds of her sister while she had dementia. The defendant appeals contending the action is time barred; she also contends the trial court abused its discretion by admitting into evidence the deposition of her sister’s physician because she did not receive notice of the deposition. We have determined that the statute of limitations was tolled from the accrual of the claim of conversion until the death of the defendant’s sister due to the sister being of unsound mind and that the action was timely filed after her death. We also find that the trial court did not abuse its discretion by admitting the deposition into evidence because the trial court afforded the defendant the opportunity to depose the physician but she failed to do so. Accordingly, we affirm. |
Montgomery | Court of Appeals | |
In the Matter of: Jaylen J. (d.o.b. 10/1/08) and Justin A. (12/1/05)
This appeal arises from a dependency and neglect petition originally filed by the Department of Children’s Services in the Juvenile Court for Shelby County in May 2010. We dismiss the matter for lack of jurisdiction. |
Shelby | Court of Appeals | |
David G. Rogers, ex rel., Karen Wright v. Autozone Stores, Inc.
This is a premises liability case in which Karen Wright alleged that she slipped in a puddle of water and fell on the floor while exiting an Autozone store. She filed suit against Autozone Stores, Inc., claiming negligence. Autozone Stores, Inc. filed a motion for summary judgment, asserting that Karen Wright could not prove that it caused the condition which led to her fall or that it had actual or constructive notice of the condition prior to her fall. Autozone Stores, Inc. also alleged that Karen Wright could not recover because she was 50 percent or more at fault for her injuries. Following a hearing, the trial court granted the motion for summary judgment and dismissed the case. Karen Wright appeals. We affirm the decision of the trial court. |
Montgomery | Court of Appeals | |
In the Matter of: Caydence B. and Kimberly B.
This is a termination of parental rights case. The trial court terminated Mother’s parental rights upon its finding, by clear and convincing evidence, of abandonment, persistence of conditions, and that termination is in the best interests of the children. We conclude that the trial court erred in finding persistence of conditions. However, we affirm the trial court’s finding of abandonment and that termination of Mother’s parental rights was in the best interests of the children. |
Davidson | Court of Appeals | |
State of Tennessee ex rel. Ronda M. Letner v. Raymond T. Carriger
Raymond T. Carriger (“Carriger”) filed a petition to terminate his child support obligation in the Chancery Court for Meigs County (“the Trial Court”). The State of Tennessee ex rel. Ronda M. Letner (“the State”) opposed Carriger’s petition. Carriger argued that he suffered from a disability and, as a result, was unable ever to pay off the arrearages he had accumulated. The Trial Court granted Carriger’s petition and absolved him of his child support arrearages. The State appeals, arguing that such a retroactive modification of child support is prohibited under Tennessee law. We reverse the judgment of the Trial Court. |
Meigs | Court of Appeals | |
In Re: Alexis M.M.
Jason C. (“Putative Father”) appeals the termination of his parental rights to his minor child, Alexis M.M. (“the Child”). The Department of Children’s Services (“DCS”) pursued termination after Putative Father was incarcerated and the Child was adjudicated dependent and neglected in the care of her mother, LeAnn M. (“Mother”). Following a bench trial, the court applied Tenn. Code Ann. § 36-1-113(g)(9)(A), applicable to non-legal parents, and terminated Putative Father’s rights based upon multiple grounds, including the failure to provide child support, to visit, or to establish his paternity. Putative Father challenges the sufficiency of the evidence supporting each of these grounds. We affirm. |
Sullivan | Court of Appeals | |
Irtira Herbert v. Jerald L. Harding
The mother of an eleven year old boy asked his father to take care of the child for a few weeks because she was moving out of her apartment. The mother did not find a place of her own for the next six months. Meanwhile, the father enrolled the child in school, boy scouts and football, and filed a petition for change of custody. The father alleged that there had been a change of circumstances in that the mother’s unstable home life and frequent moves adversely affected the child at school and elsewhere, and that the child’s grades and his attitudes had greatly improved while he was under the father’s care. After a hearing, the trial court transferred custody of the child to the father. The mother argues on appeal that, contrary to the trial court’s finding, there had not been a material change of circumstances, and that the trial court’s decision placed too much emphasis on an incident when she was arrested for shoplifting in the presence of the child. We affirm the trial court. |
Davidson | Court of Appeals | |
Carl Baker v. Antoinette Welch
Plaintiff in case alleging legal malpractice appeals the trial court’s grant of summary judgment to defendant attorney. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Timothy Klein and Angela Klein v. Hardin County, Tennessee, et al.
This is an appeal from the grant of summary judgment in favor of Appellee, a property developer. The underlying case is for personal injuries sustained by Plaintiffs in a motorcycle accident, which was allegedly caused by a pothole in the road. The question presented for determination is, as between Appellee and Appellant Hardin County, who owns the portion of the road where the accident occurred. After completing its development, Appellee dedicated portions of the roadway to Hardin County for public use. However, in cross-motions for summary judgment the Appellee and Appellant each claimed that the other owned the disputed portion of the road where the accident occurred. Although the disputed portion of the road was specifically excluded from the dedication, and Appellee maintained the road, the trial court determined that Appellee had implicitly dedicated the disputed portion to Appellant and granted summary judgment in favor of Appellee developer. Based upon the evidence in record, we conclude that reasonable minds could reach different conclusions concerning ownership of the road and accordingly, reverse the grant of summary judgment. |
Hardin | Court of Appeals | |
Jeremy D. Caldwell v. Linda Neal as Clerk of the Circuit Court, Wilson County, Tennessee
Plaintiff appeals the dismissal of his action for failure to prosecute. We hold that, in light of the uncontradicted fact that Plaintiff was not properly served with notice of the trial date, the case should not have been dismissed. |
Wilson | Court of Appeals | |
Blair Wood, et al v. Tony Wolfenbarger, et al.
Blair Wood and Gary Wood (“Plaintiffs”) sued Tony Wolfenbarger and Brenda Wolfenbarger (“Defendants”) alleging, in part, that Defendants had wrongfully cut down six trees on Plaintiffs’ real property. After a trial, the Trial Court entered its judgment finding and holding, inter alia, that Defendants were liable for negligently cutting the trees, that the current market value of the timber cut was $840, and that Plaintiffs were entitled to a judgment in double the amount of the current market value of the timber pursuant to Tenn. Code Ann. § 43-28-312. Plaintiffs appeal to this Court alleging that the Trial Court erred in awarding damages based upon the timber value. We find and hold that the evidence preponderates against the finding that timber value was the correct measure of damages in this case. We modify the Trial Court’s judgment to award Plaintiffs damages of $62,100 based upon the trunk formula method of valuation and affirm the judgment as so modified. |
Anderson | Court of Appeals |
