COURT OF APPEALS OPINIONS

In Re Aiden W.-L.
W2021-01187-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Dan H. Michael

In this custody case, Appellant/Mother asserts that the trial court erred in its best interest analysis by failing to consider the preference of the minor child under Tennessee Code Annotated section 36-6-106(a)(13). As such, she contends that the trial court erred in designating Father/Appellee the primary residential parent. Discerning no error, we affirm.

Nikki Leanne Miles v. James Kurt Miles
W2021-01356-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor James F. Butler

This case involves a long-standing and highly contentious custody matter. Upon competing petitions to modify the existing parenting plan, the trial court determined that it was in the best interest of the child for Mother to remain the child’s primary residential parent. Father appealed, arguing that the trial court did not properly weigh the best interest factors as it pertained to the child in reaching its decision. Finding no error, we affirm.

In Re Estate of Mona J. Small
M2021-01284-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor C.K. Smith

The trial court awarded the estate of Mona Small (“the Estate”) a judgment in the amount of $26,515 against appellants Kevin J. Elliott and Heather R. Elliott, based on its finding that the Elliotts converted that amount when Ms. Small was residing with them. Because the Elliotts’ brief was untimely filed and wholly fails to comply with the applicable Rules of Appellate Procedure, we dismiss this appeal. We also grant the Estate’s request to find this appeal frivolous, and we remand to the trial court for a determination of reasonable attorney’s fees on appeal to be awarded to the Estate.

Deborah R. Chase v. Christopher W. Chase
E2021-01300-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge L. Marie Williams

This appeal involves matters of alimony and valuation of marital property upon the divorce of the parties, who were married for twenty-four years. Following its valuation of certain marital assets, the trial court distributed the parties’ substantial marital assets in near-equal shares. The trial court awarded to the wife rehabilitative alimony and alimony in futuro based on its determinations that the wife had demonstrated a need for alimony and that the husband had the ability to pay. The husband has appealed. Discerning no reversible error, we affirm the trial court’s spousal support award in its entirety. We also affirm the trial court’s value placed on the husband’s medical practice. Exercising our discretion, we decline to award attorney’s fees to the wife on appeal.

Betty Ross ET AL. v. Alisie Jackson ET AL
W2021-01006-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Robert Samual Weiss

Plaintiffs were involved in an automobile accident with Defendant and allegedly sustained personal injuries. Plaintiffs filed suit in the Shelby County General Sessions Court but were unable to get personal service on Defendant. Ultimately, Plaintiffs issued service by publication. Defendant, having never been personally served, did not appear for trial in the General Sessions Court, and Plaintiffs obtained a judgment against her. The General Sessions Court judgment was not timely appealed and became final. Plaintiffs made a demand on Defendant's insurance carrier to pay the judgment. Counsel purporting to represent Defendant on behalf of her insurance carrier subsequently filed a writ of certiorari to the Circuit Court. Plaintiffs objected to counsel's standing to appear on behalf of Defendant, but the Circuit Court granted the writ of certiorari and later granted counsel's motion to dismiss the case, finding that counsel had standing to litigate on behalf of Defendant pursuant to the court's interpretation of a contract of insurance that was not in evidence. We conclude that the trial court's conclusion as to standing was erroneous. Accordingly, we vacate the orders entered by the trial court in the proceedings and dismiss the writ. Tenn.

Keith Lamont Farmer v. Tennessee Department of Corrections
W2021-01252-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Martha B. Brasfield

Keith Lamont Farmer (the “Petitioner”), an inmate in the West Tennessee State Penitentiary (“WTSP”), filed suit against Tennessee Department of Correction (“TDOC” or “the State”) after Petitioner received a disciplinary infraction. Petitioner filed a petition for writ of certiorari in the Chancery Court for Lauderdale County (the “trial court”) seeking review of the disciplinary proceedings. The State filed a motion to dismiss, claiming that Petitioner’s case was barred by Tennessee Code Annotated section 41-21-812. The trial court granted the State’s motion, and Petitioner appealed to this Court. Discerning no error, we affirm.

In Re Estate of Louise Ship Green
W2022-00449-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Kathleen N. Gomes

Appellant filed an objection to the probate of Decedent’s will, and Appellee, the Executrix of Decedent’s estate, filed a motion to dismiss the objection. The trial court granted Appellee’s motion, dismissed Appellant’s objection for lack of standing, and admitted Decedent’s will to probate. Appellant appeals the trial court’s grant of Appellee’s motion to dismiss for lack of standing and also asserts that she received no notice of the hearing on Appellee’s motion. Discerning no error, we affirm.

L.A.S. v. C.W.H.
E2021-00504-COA-R3-JV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Robert D. Philyaw

This is a custody dispute over two minor children, P.H. and V.H. (together, “the Children”). The Children’s mother, L.A.S. (“Mother”), lives in Nevada, while the Children live primarily in Tennessee with their father, C.W.H. (“Father”), and his wife (“Stepmother”). Father is the primary residential parent, and Mother sees the Children over the summers and during their breaks from school. On June 12, 2020, Mother filed a petition to modify the permanent parenting plan and for contempt in the Hamilton County Juvenile Court (the “juvenile court”). Mother asked to be named primary residential parent. Following a three-day bench trial, the juvenile court dismissed Mother’s petition. The juvenile court determined that no material change in circumstances warranting a change in custod had occurred. Mother timely appealed to this Court. Having thoroughly reviewed the record, we discern no error and affirm the juvenile court’s judgment.

Sharon Toomes v. D & S Motors, et al.
W2022-00244-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge A. Blake Neill

Pro se appellant appeals the judgment rendered in favor of the defendant following a bench trial. Because we conclude that Appellant has waived all arguments by failing to file a substantially compliant brief or a transcript or statement of the evidence, we affirm.

Amanda N. Burnett v. Aaron L. Burnett
E2021-00900-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor M. Nicole Cantrell
In this divorce action, Aaron Burnett (“Husband”) challenges the trial court’s classification and division of the parties’ assets, award of alimony in solido to Amanda Burnett (“Wife”), and permanent parenting plan (“PPP”). Husband also argues that the trial court erred in finding him in criminal contempt during the divorce trial. The PPP ordered by the court states that Husband is granted 90 days of parenting time per year, but the more specific day-to-day schedule provided in the plan allows for only about 63 days. Wife concedes that the PPP is inconsistent and also that the trial court improperly found Husband in contempt. Consequently, we vacate the day-to-day schedule in the PPP and remand for the trial court to craft a schedule that allows Husband 90 days, and we reverse the contempt finding. The trial court’s judgment is affirmed in all other respects.

State of Tennessee v. Delinquent Taxpayers of Benton County, Tennessee
W2021-01050-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Vicki Hodge Hoover

After a delinquent tax sale of land owned by a limited liability corporation, the managing member filed a motion to redeem the property pro se, signing only his own name. The trial court deemed admitted requests for admission propounded on purported redeemer individually after only the entity responded. Relying in part on the admissions, the trial court granted the tax sale purchaser’s motion to strike the attempt at redemption for lack of standing. Discerning no reversible error, we affirm.

Linda Kindred, et al. v. Evelyn Townsend, et al.
W2021-01481-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Valerie L. Smith

This negligence action arises from the collision of Plaintiff/Appellee’s Mercedes convertible with a tractor-trailer operated by Defendant/Appellant in the scope of her employment. The trial court determined that Appellant was more than 50 percent at fault for the accident and apportioned 75 percent fault to Appellant and 25 percent fault to Plaintiff/Appellee. The trial court also determined that Defendant/Appellant employer was vicariously liable for the damages awarded. Discerning no error, we affirm the judgment of the trial court.

Anthony Perry v. Tennessee Department of Corrections
M2022-00108-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Deborah Russell v. HSBC, Inc. et al.
M2020-01181-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Anne C. Martin

Roger Scott Austermiller v. Penny Smith Austermiller
M2022-01611-COA-T10B-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Deanna Bell Johnson

Wayne Haddix d/b/a 385 Ventures, Inc. v. Jayton Stinson, et al.
W2022-01618-COA-T10B-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor JoeDae L. Jenkins

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the petition, the appeal is hereby dismissed.

Brandon Copeland v. Tennessee Department of Correction
M2021-01557-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The appellant, a former Tennessee Department of Correction (“TDOC”) employee, challenges the Tennessee Board of Appeals’ decision upholding his dismissal as an employee due to actions allegedly constituting official misconduct and tampering with evidence. The appellant requests that this Court overrule or modify the Tennessee Supreme Court’s holding in Tenn. Dep’t of Corr. v. Pressley, 528 S.W.3d 506 (Tenn. 2017), which this Court lacks authority to do. Although we conclude that the appellant has waived his remaining two issues on appeal by failing to provide legal authority or argument, we further conclude that the Tennessee Board of Appeals’ decision was supported by substantial and material evidence. We therefore affirm the Davidson County Chancery Court’s final judgment dismissing the appellant’s petition for judicial review with prejudice.

State of Tennessee, ex rel., Kimberly Krepela Hoard v. Richard Lane Barrom
W2022-00085-COA-R3-JV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Dan H. Michael

In this Title IV-D child support case, the juvenile court modified a father’s child support obligation pursuant to the Child Support Guidelines after the child had reached the age of majority and had graduated high school. We vacate and remand.

Jeremy R. Durham v. Tennessee Registry of Election Finance
M2021-01455-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Anne C. Martin

Jeffrey Lee Self v. Jennifer Dawn Self
E2021-01130-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Jerri S. Bryant

In this divorce action the husband raises multiple issues on appeal concerning, inter alia, the factual accuracy of the trial court’s judgment; the trial court’s grant of divorce to the wife on the ground of inappropriate marital conduct; the trial court’s equitable distribution of the marital property, including the trial court’s one-time award to the wife of $50,000 as part of the distribution; the trial court’s findings concerning the husband’s income, expenses, and ability to work; and the trial court’s award to the wife of $3,000 in attorney’s fees as alimony in solido. The husband has not directly raised an issue regarding the trial court’s award to the wife of $850 monthly as alimony in futuro. We determine that with the exception of one issue related to the trial court’s miscalculation of the marriage’s duration, which we deem to have been harmless error, the husband has waived all issues by failing to comply with Tennessee Rule of Appellate Procedure 24(b)-(c) and Tennessee Court of Appeals Rule 7. We accordingly affirm the trial court’s judgment. Deeming this to be a frivolous appeal, we grant the wife’s request for reasonable attorney’s fees on appeal and post-judgment interest on the trial court’s alimony awards.

Genevieve Thomas v. Cass Clay Thomas
W2021-01092-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge James F. Russell

This is an appeal of a divorce case involving the awarding of alimony and the division of marital property. The trial court entered an order summarily denying the wife’s various motions, including a motion to alter or amend the judgment. Upon our review of the record, we vacate the trial court’s order and remand for a review pursuant to Rule 63 of the Tennessee Rules of Civil Procedure.

Molly Leann Green v. Michael Wayne Green
E2022-01518-COA-T10B-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Daryl A. Colson

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, filed by Molly Leann Green (“Mother”), seeking to recuse the judge in this case involving parenting issues. Having reviewed the petition for recusal appeal filed by Mother and the answer filed by Michael Wayne Green (“Father”) pursuant to this Court’s order, and finding no error, we affirm.

Benjamin McCurry v. Agness McCurry
E2022-00635-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge James E. Lauderback

Appellant/Mother filed a post-divorce petition for contempt against Appellee/Father for alleged violations of the parenting plan. Mother also moved to change the child’s primary residential parent from Father to her. The trial court held that there was no contempt and further held that there was not a material change in circumstances to warrant a change in the child’s primary residential parent. Mother appeals. Discerning no error, we affirm.

Trevor Adamson v. Sarah E. Grove, et al.
M2020-01651-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Joe Thompson

Olivia May Marcel v. Brad Joseph Marcel
M2021-00594-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Vanessa A. Jackson