Tony Baker v. Shauna McSherry
This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B section 2.02 from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal, we affirm the trial court’s decision to deny the motion for recusal. |
White | Court of Appeals | |
In Re Skylar M.
The trial court terminated the parental rights of the father upon concluding that the petitioners had proven by clear and convincing evidence the following statutory grounds of termination: (1) abandonment by failure to visit the child, (2) abandonment by failure to support the child, (3) persistence of the conditions that led to the child’s removal from the father’s custody, (4) failure to manifest an ability and willingness to assume legal and physical custody of the child as a putative father, and (5) risk of substantial harm to the child’s physical or psychological welfare if returned to the putative father’s legal and physical custody. The father timely appealed. Upon review of the final order, we conclude that the trial court did not comply with Tennessee Code Annotated § 36-1-113(k) due to its failure to include sufficient findings of fact in its written order. We therefore vacate the trial court’s judgment and remand this matter to the trial court for the expedited entry of sufficient written findings of fact. We deny the petitioners’ request for attorney’s fees on appeal. |
Cumberland | Court of Appeals | |
In Re Damium F. et al.
A mother appeals a trial court’s decision to terminate her parental rights to six of her children based on five statutory grounds. She also challenges the trial court’s finding by clear and convincing evidence that termination of her parental rights was in the best interest of the children. Discerning no error, we affirm the trial court’s termination of the mother’s parental rights.
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Davidson | Court of Appeals | |
Hayley Allen v. Justin Allen
Justin R. Allen (“Father”) appeals the trial court’s decision regarding custody of his two minor children. Because the order appealed from is interlocutory, this Court lacks subject matter jurisdiction and the appeal is dismissed. |
Washington | Court of Appeals | |
Marleta Costner Et Al. v. Maryville-Alcoa-Blount County Parks & Recreation Commission Et Al.
In this premises liability action, the plaintiffs sued three local governments and a parks and recreation commission, jointly created by the local governments, to recover for injuries suffered by one of the plaintiffs when she stepped into a hole while attending a concert at a park maintained by the commission. The trial court dismissed the action as to the three local governments, concluding that they were immune under the state’s Governmental Tort Liability Act (“GTLA”). Later, the trial court granted the commission’s motion for summary judgment, ruling that the commission enjoyed immunity under both the GTLA and the state statutes known as the Recreational Use Statutes. We dismiss the appeal as to the three local governments, concluding we lack subject matter jurisdiction because plaintiffs failed to timely initiate an appeal against them. We affirm the trial court’s holding that the commission retained immunity under both the GTLA and the Recreational Use Statutes. |
Blount | Court of Appeals | |
Bradley Allen Garrett v. Eileen Marie Garrett
A review of the record on appeal reveals that the order appealed from does not constitute a final appealable judgment. As such, this Court lacks jurisdiction to consider this appeal. |
Monroe | Court of Appeals | |
Raquel Agustin Mitchell v. Toney R. Mitchell
This post-divorce appeal concerns the trial court’s entry of a permanent parenting plan, calculation of child support, and classification of assets. We affirm the court’s decisions. |
Bradley | Court of Appeals | |
In Re Estate of Linda W. Smith
Appellant, Frances Diane Weeks Wright, has appealed an order of the Shelby County Probate Court (the “Trial Court”) that was entered on January 3, 2022. We determine that the January 3, 2022 order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. |
Shelby | Court of Appeals | |
Bank of New York Mellon v. Helen E. Chamberlain
This appeal arises from a detainer action filed by a bank following a foreclosure sale. The defendant borrower filed a counterclaim for “Wrongful Foreclosure – Breach of Contract,” alleging that the plaintiff bank breached the deed of trust by failing to provide proper notice prior to acceleration. The trial court originally granted summary judgment in favor of the plaintiff bank, finding that notice was properly sent, but this Court reversed, concluding that genuine issues of material fact existed such that summary judgment could not be awarded to either party. On remand, the trial court permitted both parties to amend their answers. The plaintiff bank then asserted res judicata based on a prior lawsuit in federal court and moved for summary judgment on that basis. The trial court ultimately granted the plaintiff bank summary judgment, concluding that the defendant’s argument regarding lack of notice either was raised or should have been raised in her prior action in federal court in which she attempted to halt the foreclosure. The defendant appeals. We affirm and remand for further proceedings. |
Davidson | Court of Appeals | |
Kenia Moreno v. Mehreban Jazzabi, Executrix of Estate of Ben Jazzabi
A landlord and tenant entered into a lease-purchase agreement. Near the end of the lease term, the tenant sought to exercise the purchase option. The landlord claimed that the tenant could not do so because she defaulted on rent payments. The landlord also argued that he terminated the agreement before the tenant exercised the option. The trial court rejected both arguments and granted the tenant specific performance of the purchase option. We affirm. |
Davidson | Court of Appeals | |
Buffi Lynne Stancil Ex Rel. Rebecca Mae Gentry v. Dominion Crossville, LLC, Et Al.
This is an interlocutory appeal from the trial court’s decision to deny a motion to compel arbitration. For the reasons stated herein, we affirm the trial court’s order. |
Cumberland | Court of Appeals | |
In Re Lyric N.
Upon competing petitions for adoption of a minor child whose parents are deceased, the trial court conducted a bench trial and a comparative fitness analysis of the petitioner, who is the child’s maternal grandmother, and the intervening petitioner, who is the child’s paternal aunt. The trial court found that it was in the best interest of the child to be adopted by the paternal aunt while also maintaining visitation with the maternal grandmother. Prior to the bench trial, the trial court set aside its own previously entered order granting what had been presented to the trial court by the maternal grandmother as an uncontested petition for adoption of the child despite the paternal aunt’s status as custodian of the child pursuant to a juvenile court order. In the trial court’s final order, it granted the paternal aunt’s petition for adoption and directed that the maternal grandmother would have unsupervised visitation with the child on alternate Sundays. The maternal grandmother has appealed both the order setting aside the initial grant of her adoption petition and the judgment granting the paternal aunt’s petition. Discerning no error in the trial court’s decision to set aside the initial adoption decree, we affirm the set-aside order. However, having determined that under the facts and circumstances of this case, the trial court committed reversible error by conducting an in camera interview with the child without counsel or a court reporter present and then withholding the court’s summary of the testimony until entry of the final judgment, we vacate the court’s judgment granting the paternal aunt’s petition. We remand for the trial court to conduct an evidentiary hearing solely to afford the parties an opportunity to present evidence in response to the child’s testimony and to enter a judgment after consideration of all proof presented during the trial and on remand. |
Hamblen | Court of Appeals | |
Robert L. Baker et al. v. Brett Eldredge et al.
The former manager of a country music recording artist sued the artist and related business entities for breach of contract and unjust enrichment. He also sought damages from the artist’s business manager for inducement of breach of contract. The defendants moved for summary judgment. They argued, in part, that the undisputed facts showed that the parties had mutually agreed to modify the contract. And the former manager had been paid in full under the terms of the modified contract. The trial court granted summary judgment to the defendants and dismissed the complaint with prejudice. On appeal, the manager argues that genuine issues of material fact as to whether he agreed to modify the contract preclude summary judgment. We conclude that the unambiguous course of dealing between the parties showed mutual assent to the modification. So we affirm the grant of summary judgment. |
Davidson | Court of Appeals | |
Deborah Lacy v. Meharry General Hospital et al.
Plaintiff Deborah Lacy brought this action against Dr. Nagendra Ramanna, alleging that he committed a battery upon her by shaking her hand too forcefully during a visit in which Plaintiff was seeking medical treatment for an alleged heart condition. Following discovery, Defendant moved for summary judgment, which the trial court granted after finding no evidence that the handshake caused injury to Plaintiff’s right hand. We affirm. |
Davidson | Court of Appeals | |
BB&T Financial FSB v. Maikel Hozaien
This is an appeal from a circuit court order dismissing an appeal from a general sessions court judgment. Because the appellant did not file his notice of appeal to this Court within thirty days after entry of the circuit court’s final order as required by Rule 4(a) of the Tennessee Rules of Appellate Procedure, we dismiss the appeal. |
Davidson | Court of Appeals | |
Harmon L. Maddox v. Tajuana Rochell Maddox
A wife sought relief from a default judgment that granted her husband a divorce and awarded him alimony. The wife argued that the trial court lacked jurisdiction to enter the default because she was not properly served with the complaint and that jurisdiction was not proper under Tenn. Code Ann. § 20-2-214. The trial court denied the wife’s Tenn. R. Civ. P. 60.02 motion. Finding that the wife was entitled to a hearing on her Tenn. R. Civ. P. 60.02 motion, we reverse and remand for further proceedings. |
Montgomery | Court of Appeals | |
Luna Law Group, PLLC v. Richardson M. Roberts
In this breach of contract case, Appellee law firm sued Appellant former client for unpaid attorneys’ fees. Appellant argued that the statute of limitations and the doctrine of laches barred Appellee’s breach of contract claim. Alternatively, Appellant argued that the unpaid attorneys’ fees were unreasonable. The trial court held that neither the statute of limitations nor the doctrine of laches barred Appellee’s breach of contract claim, and that Appellee’s attorneys’ fees were reasonable. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Timothy Wilson v. Tawana Wilson et al.
In this appeal, we review the trial court’s dismissal of the action upon its finding that it was an “abusive civil action,” pursuant to Tenn. Code Ann. §§ 29-41-101 to -107, and res judicata. The appellee also seeks her attorney’s fees for this appeal. Discerning no error in the judgment of the trial court, we affirm the dismissal of the suit as to the former wife and award her the attorney’s fees she incurred defending this appeal. We remand for further proceedings. |
Davidson | Court of Appeals | |
Angela Stamper (Hayes) v. Darrell Stamper
The appellant, Darrell Stamper, has appealed the December 16, 2021 order of the Circuit Court for Hamilton County (“the Trial Court”). As the December 16, 2021 order does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Hamilton | Court of Appeals | |
Heather P. Hogrobrooks Harris v. Tijuana M. Harris (Watson), et al.
The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal. |
Shelby | Court of Appeals | |
In Re Bobby G., Jr.
In this termination of parental rights case, Appellant/Father appeals the trial court’s termination of his parental rights to the minor child on the grounds of: (1) abandonment by an incarcerated parent by failure to support and by wanton disregard, Tenn. Code Ann. |
Anderson | Court of Appeals | |
In Re Rhyder C.
This appeal arises from an unorthodox procedural history, wherein the trial court made its findings of facts and conclusions of law in an order granting summary judgment, the result of which terminated the mother/appellant’s parental rights. The court determined that the undisputed material facts clearly and convincingly established five grounds on which to terminate the mother’s parental rights. The court also found the undisputed material facts established that termination of her parental rights was in the child’s best interest. The mother appeals, asserting that the trial court violated her due process rights by terminating her parental rights without affording her an effective opportunity to cross-examine adverse witnesses. She contends the trial court erred by denying her motion to continue the hearing on the petitioners’ motion for summary judgment. She also contends the trial court erred by granting summary judgment on each of the alleged statutory grounds for termination as well as the issue of the child’s best interests. Following a careful review of the record, we have determined that the mother’s due process rights were not violated, and the trial court did not err in denying her motion for a continuance. We reverse the trial court’s ruling that Petitioners proved the ground of failure to manifest an ability and willingness to assume custody or financial responsibility; however, we affirm the trial court in all other respects. Accordingly, we affirm the termination of the mother’s parental rights. |
Knox | Court of Appeals | |
Brian Patrick Henry v. Jennifer Kay McCormack
This is an appeal from the trial court’s entry of a permanent parenting plan involving one minor child. The mother appeals the trial court’s designation of the father as the primary residential parent of the minor child. We vacate the trial court’s determination and remand for sufficient findings of fact to facilitate appellate review. |
Dickson | Court of Appeals | |
Teresa Fletcher Kidd et al. v. Bernice Lewis
This appeal concerns an alleged conversion of funds. Rebecca Durbin, Teresa Fletcher Kidd, and Ramona Lewis ("Plaintiffs," collectively), the adult children of the late Charles Lewis ("Charlie"), sued Bernice Lewis ("Defendant"), Charlie's widow, in the Chancery Court for Washington County ("the Trial Court").Plaintiffs alleged that Defendant exercised undue influence over Charlie in his later years and converted funds in a bank account that Charlie had intended for them to have. After a trial, the Trial Court ruled in favor of Plaintiffs. Defendant appeals, arguing among other things that the three-year statute of limitations applicable to Plaintiffs' claim had expired. Defendant also argues that the Trial Court erred by not awarding her any darnages for Plaintiffs' failure to maintain Charlie's house, which Defendant continued to live in pursuant to Charlie's will. We hold that Plaintiffs were on constructive notice of their claim against Defendant no later than October 5, 2009, and thus their lawsuit filed in October 2019 is time-barred. We, therefore, reverse the judgment of the Trial Court with respect to Plaintiffs' claim against Defendant. However, we affirm the Trial Court as to its declination to award Defendant any damages for Plaintiffs' failure to maintain Charlie's house as Plaintiffs owed her no duty to maintain the house; per Charlie's will, that was his Estate's responsibility. We thus affirm, in part, and reverse, in part, the Trial Court's judgment. |
Washington | Court of Appeals | |
Brady L. Daniels Et Al. v. Vince Trotter
This appeal involves the mortgagors’ petition to set aside the non-judicial foreclosure of a piece of real property, alleging that the mortgagors and owner of the property were not given proper notice of the non-judicial foreclosure sale. The mortgagee and the beneficiary of the deed of trust concerning the property at issue is the City of Chattanooga. The property was sold to Vince Trotter in a foreclosure auction. In a court order, which was certified as final pursuant to Tenn. R. Civ. P. 54.02, the trial court granted summary judgment in favor of Mr. Trotter, determining that Tenn. Code Ann. § 35-5-106 prevented the foreclosure sale from being considered void or voidable due to lack of notice and that the mortgagors had a constitutionally adequate remedy of monetary damages. Despite the mortgagors arguing that Tenn. Code Ann. § 35-5-106 is unconstitutional as applied to governmental entities, the Tennessee Attorney General’s Office was not notified of the constitutional challenge to the statute, as required by Tenn. R. Civ. P. 24.04, Tenn. R. App. P. 32, and Tenn. Code Ann. § 29-14-107(b). Therefore, we vacate the trial court’s grant of summary judgment in favor of Mr. Trotter and remand to the trial court to provide the required notice to the Tennessee Attorney General’s Office. |
Hamilton | Court of Appeals |
