Brian Lee Higdon v. Aehui Nmi Higdon
This appeal arises from a divorce. Brian Lee Higdon (“Husband”) filed for divorce from Aehui Higdon (“Wife”) in the Chancery Court for Rutherford County (“the Trial Court”). The parties executed a marital dissolution agreement (“the MDA”). The Trial Court approved the MDA and entered a Final Decree of Divorce. Wife later filed a motion pursuant to Tennessee Rule of Civil Procedure 60.02 seeking to have the MDA and Final Decree of Divorce set aside on grounds of mistake of fact, fraud, and fundamental unfairness. After a hearing at which both Husband and Wife testified, the Trial Court denied Wife’s motion. Wife appeals, arguing among other things that she was coerced into signing the MDA. Deferring to the Trial Court’s implicit credibility determinations, we do not find that Wife was coerced into signing the MDA. Wife failed to meet her burden of clear and convincing evidence that there was mistake of fact, fraud, or fundamental unfairness in the execution of the MDA. In sum, we discern no abuse of discretion in the Trial Court’s decision to deny Wife’s Rule 60.02 motion. We affirm. |
Rutherford | Court of Appeals | |
In Re Estate of Dawson Lewis
The petitioners filed a petition to probate the will of the decedent. The will offered for probate had markings on the provisions concerning the appointment of executors to the will and the payment of the head stone. The petitioners filed an affidavit stating that they had no knowledge concerning who made the markings on the decedent’s will. The Trial Court entered an order denying the petition to probate the will, finding that the markings on the will “negated it from being accepted to Probate” and that the decedent had, therefore, died intestate. The petitioners appealed. We reverse the judgment of the Trial Court and remand for the decedent’s will to be admitted to probate. |
Gibson | Court of Appeals | |
In Re Autumn D. Et Al.
The trial court terminated Father’s parental rights on the grounds of abandonment by an incarcerated parent through wanton disregard and failure to manifest an ability and willingness to assume custody of the children. The trial court also found that termination was in the children’s best interests. Father appeals. Because there are significant deficiencies in the trial court’s order, we vacate and remand for further proceedings. |
Sullivan | Court of Appeals | |
Monsieur Shawnellias Burgess v. Bradford Hills HOA Et Al.
A pro se plaintiff moved to recuse based on comments made by the judge at a hearing. The motion to recuse was denied, and this accelerated interlocutory appeal followed. Because the plaintiff’s filings are deficient, we affirm the denial of the motion for recusal. |
Davidson | Court of Appeals | |
Doris Davis Flowers, et al. v. Terisa Kimmins, et al.
In this appeal regarding the proceeds of the decedent’s life insurance policy, the Interim Clerk and Master of the Shelby County Chancery Court (“trial court”) issued, pursuant to local rule, a “Notice and Recommendation for Sua Sponte Dismissal for Lack of Prosecution” after no activity concerning the case had occurred for over a year. The notice, which directed the parties to appear before the trial court on September 10, 2019, was not mailed to the defendant. Consequently, the defendant did not appear. Following the hearing, the trial court ordered a scheduling conference, at which the defendant also did not appear. During the scheduling conference, the trial court directed the plaintiffs to submit testimony and other evidence concerning the proceeds of the life insurance policy. Upon the plaintiffs’ request for a declaratory judgment, the trial court entered an order finding, inter alia, that the defendant had failed to appear. The court awarded proceeds of the life insurance policy to the plaintiffs and assessed costs against the defendant. The defendant has appealed. On appeal, the parties have stipulated that the defendant did not receive notice of the hearings. We therefore vacate the trial court’s order of final judgment and remand the case for further proceedings consistent with this opinion. |
Shelby | Court of Appeals | |
Abby Nicole Breeden v. Derrick Jerome Garland, Sr.
Pro se appellant appeals the trial court’s entry of an order of protection that was entered against him. The appellant’s brief significantly fails to comply with Tennessee Rule of Appellate Procedure 27. Accordingly, we find that any issues on appeal are waived and we dismiss the appeal. |
Knox | Court of Appeals | |
Laura Cowan Coffey v. David L. Coffey
This is the second appeal in this action, the facts of which date back to the 1995 death of Steven Coffey, the successful owner of a securities business. In 2015, the deceased’s widow sued the deceased’s father, who had served as executor of the estate. Following summary judgment in favor of the executor, the widow appealed and we remanded the matter to the trial court. Following a bench trial, the trial court ruled, among other things, that the three-year statute of limitations applicable to the widow’s claims were tolled by application of the fraudulent concealment doctrine. The executor appealed. Discerning no error, we affirm the trial court’s decision. |
Knox | Court of Appeals | |
Wanda Sue Binkley v. Allen Dale Binkley
In this case arising from a divorce, Wife appeals the trial court’s classification as marital property a piece of real estate, which was transferred to Wife during the marriage by her mother, and on which Wife owned and operated a business. Following a thorough review of the record, we affirm the judgment of the trial court. |
Montgomery | Court of Appeals | |
In Re Brantley O.
A mother appeals the termination of her parental rights to her child. The juvenile court determined that there were three statutory grounds for terminating the mother’s parental rights: abandonment by an incarcerated parent, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody and financial responsibility. The juvenile court also determined that termination of the mother’s parental rights was in her child’s best interest. Because the record contains clear and convincing evidence to support both the grounds for termination and the best interest determination, we affirm. |
Franklin | Court of Appeals | |
In Re Jude M.
This is a termination of parental rights case focusing on Jude M., the minor child (“the Child”) of Sarah M. (“Mother”) and Andy G. (“Father”). In November 2018, Father and his wife, Jamie G. (“Stepmother”), filed a petition in the Greene County Chancery Court (“trial court”), seeking to terminate the parental rights of Mother and allow Stepmother to adopt the Child. The Child previously had been removed from Mother’s custody pursuant to an order entered by the Greene County Juvenile Court (“juvenile court”) upon a petition for emergency custody filed by Father. Following a bench trial, the trial court granted the termination petition upon its finding by clear and convincing evidence that Mother had abandoned the Child by failing to visit her during the statutorily determinative period and that conditions leading to the removal of the Child from Mother’s custody persisted. The trial court further found by clear and convincing evidence that it was in the Child’s best interest to terminate Mother’s parental rights. Mother has appealed. Having determined that Petitioners failed to demonstrate the threshold requirement of a petition having been filed in the juvenile court that alleged the Child to be a dependent and neglected child, we reverse the trial court’s finding on the ground of persistence of the conditions leading to removal of the Child from Mother’s custody. |
Greene | Court of Appeals | |
Kabir Afzali Et Al. v. Shirzad Etemadi
This appeal concerns a trial court’s dismissal under Tennessee Rule of Civil Procedure 12.02(6) based on the affirmative defenses of res judicata and waiver. This is the second action between the parties involving the same real property. In the first action, the plaintiffs sought to enforce an option to purchase property they were leasing from the defendant. While the action was pending, the defendant recorded a document with the Davidson County Register of Deeds that purported to create an ingress-egress easement across the property to an adjoining tract he owned. During the pendency of the first action, the parties entered into a settlement agreement, pursuant to which the defendant agreed to sell the property to the plaintiffs, and the parties released all claims against each other. After the first action was dismissed, the plaintiffs discovered the purported easement, which prompted them to file a motion to set aside the dismissal. Meanwhile, the parties set a deadline for closing, and the defendant prepared a warranty deed that reserved the same easement he previously attempted to create. The plaintiffs insisted that the deed be rewritten without the easement. When the defendant refused, they proceeded with the closing. Shortly after the closing, the trial court denied the motion to set aside the dismissal of the first action. The plaintiffs recorded a Notice of Acceptance of Deed under Protest the day after the deed was recorded and commenced this action three weeks later. The complaint asserted that the defendant clouded the property’s title by filing a defective easement and breached the settlement by delivering a deed that did not describe the property as bargained for. On the defendant’s motion to dismiss, the trial court found the matter had been adjudicated in the first action and that the plaintiffs waived their claims by closing on the property. We have determined that neither the doctrine of res judicata nor the doctrine of waiver applies. Accordingly, the judgment of the trial court is reversed, and this matter is remanded for further proceedings consistent with this opinion. |
Davidson | Court of Appeals | |
Liberty Construction Company, LLC v. Peter H. Curry, Et Al.
This is an action by a construction company to recover on a written stipulated sum contract and an oral cost-plus contract for the construction of a commercial building. The construction company sought to recover for additional work performed that was not included in the scope of the stipulated sum contract and the remaining balance of the cost-plus contract. The building owners contended that the construction company was not entitled to additional payment under the written agreement and counterclaimed for payments the owners made directly to suppliers for work included in the scope of the stipulated sum contract, and for reimbursement of funds expended to correct a defect caused by the construction company. The trial court held that neither the construction company nor the owners were entitled to recover under the stipulated sum contract; that the owners were not entitled to reimbursement because they failed to establish that the construction company caused the defect or, in the alternative, failed to provide a reasonable opportunity to cure; and that the construction company was entitled to judgment for work performed in connection with the cost-plus agreement. We reverse the court’s determination that the owners were not entitled to a credit for certain payments made directly to suppliers, that prejudgment interest commenced on November 10, 2014, when the notice of completion was filed, and that the owners did not provide the construction company with notice and an opportunity to cure. We affirm the trial court’s holding in all other respects. |
Davidson | Court of Appeals | |
Carolyn Richardson v. H & J Properties, LLC, et al.
A residential tenant was injured after slipping on water that accumulated from a leak in the ceiling of her home. Prior to the accident, the tenant notified the owner of the residence and the property manager of the leak. The tenant brought suit for her injuries, alleging a common law negligence claim and a claim for the defendants’ alleged failure to comply with requirements in the Tennessee Uniform Residential Landlord and Tenant Act. The trial court granted the defendants’ motion for summary judgment on both claims, finding that the tenant had co-extensive knowledge of the dangerous condition, so the defendants were not liable for her injuries. The tenant appeals, primarily arguing that the common law rule on landlord non-liability is displaced by the Act. We affirm and remand. |
Shelby | Court of Appeals | |
City of Athens v. William Straser
In a direct appeal from the Athens City Court (“municipal court”), the McMinn County Circuit Court (“trial court”) determined that the defendant, William Straser, was not entitled to a trial by jury in defense of a citation issued by the plaintiff city. Following a bench trial conducted on November 22, 2019, the trial court further determined that Mr. Straser had erected a carport on his property in violation of a municipal ordinance requiring a thirty-foot minimum setback. Mr. Straser has appealed. Discerning no reversible error, we affirm. |
McMinn | Court of Appeals | |
Candace Renea Cavness Howard (Beasley) v. Breck Markham Beasley
This appeal concerns a post-divorce motion to terminate transitional alimony. In the parties’ MDA, they agreed the ex-wife would receive transitional alimony for eleven years. In 2013, the ex-husband filed the motion to terminate, alleging that the ex-wife had remarried and was cohabitating with her new spouse and that the new spouse was providing financial support. Several years later, the trial court heard the motion and terminated transitional alimony as of December 31, 2018. In rendering its decision, the trial court failed to comply with the requirements of Tennessee Rule of Civil Procedure 52.01. Therefore, we vacate the trial court’s decision and remand with instructions to make the necessary findings of fact and conclusions of law. |
Tipton | Court of Appeals | |
Ezra Maize v. Friendship Community Church Inc, Et Al.
Plaintiff, a former pastor at a church in Chattanooga, brought suit against the church, church elders, and another pastor at the church, alleging that various torts were committed against him. Following a series of motions by the defendants that sought the dismissal of plaintiff’s claims, the trial court ultimately dismissed all legal theories that were asserted in the case. Among other bases for the dismissal, the trial court held that a number of plaintiff’s claims were barred by the ecclesiastical abstention doctrine. Discerning no error in the trial court’s decision to dismiss plaintiff’s claims, we affirm its judgment. |
Hamilton | Court of Appeals | |
Alexandra Mattie Steadman v. Christopher John Sakacsi
The notice of appeal filed by the appellant, Alexandra Mattie Steadman, stated that the appellant was appealing the judgment entered on July 10, 2020. As the July 10, 2020 order does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Sullivan | Court of Appeals | |
Peter R. Culpepper v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Et Al.
In this legal malpractice action, the trial court granted judgment on the pleadings in favor of the defendants, determining that the plaintiff had waived any conflict of interest in his signed engagement letter. The court also ruled that the plaintiff’s legal malpractice claims were barred by the applicable statute of limitations. The plaintiff has appealed. Upon our review of the pleadings and acceptance as true of all well-pleaded facts contained in the plaintiff’s complaint and the reasonable inferences that may be drawn therefrom, we determine that the plaintiff has pled sufficient facts in support of his claim of legal malpractice. We therefore reverse the trial court’s grant of judgment on the pleadings with regard to the plaintiff’s legal malpractice claim. |
Knox | Court of Appeals | |
In Re Meghan M.R.
A trial court terminated the parental rights of a mother based on the grounds of abandonment by failure to visit, abandonment by failure to provide a suitable home, substantial noncompliance with permanency plans, persistence of conditions, and failure to manifest an ability and willingness to assume custody. The mother appealed, and we affirm the termination on all grounds. |
Campbell | Court of Appeals | |
In Re Adoption of M.L.S.
This case involves a petition to set aside a final decree of adoption. The trial court granted the adoptive parents’ motion to dismiss the petition. We affirm and remand for further proceedings. |
Hawkins | Court of Appeals | |
In Re M.L.S.
This appeal involves a petition to enforce a visitation order after the entry of a final decree of adoption. The adoptive parents filed a motion to dismiss, which the trial court granted in part and denied in part. The trial court ordered the parties to participate in depositions to address the issue of “acquiescence” and determine “if an enforceable right of visitation with the minor Child was acquired by the Petitioners being allowed to visit after the adoption of the minor Child was finalized.” The adoptive parents sought and were granted permission to file an interlocutory appeal, challenging the denial in part of their motion to dismiss. We reverse and remand for further proceedings. |
Hawkins | Court of Appeals | |
In Re John B.
Father appeals the trial court’s decision to reduce his parenting time significantly. Discerning no reversible error, we affirm. |
Macon | Court of Appeals | |
Jeremy Archer, Et Al. v. The Home Team, Inc. Et Al.
This appeal arises from an alleged misrepresentation of real estate acreage. The plaintiffs commenced an action against both the real estate agent and the seller claiming they misrepresented that the property was 1.9 acres when it was only 1.16 acres. They asserted claims against the real estate agent for misrepresentation and concealment and claims against the seller for, inter alia, misrepresentation, concealment, and breach of contract. Following discovery, the seller and real estate agent each filed motions for summary judgment. The trial court summarily dismissed all claims against the real estate agent. The court granted the seller partial summary judgment dismissing the claims based on misrepresentation, concealment, and breach of contract. We affirm the dismissal of the misrepresentation claims against both defendants because the undisputed facts establish that the plaintiffs did not rely on the alleged misrepresentations in deciding to purchase the property. We also affirm the dismissal of the plaintiffs’ concealment claims based on the plaintiffs’ constructive notice of the correct acreage by way of a publicly recorded plat. Additionally, we affirm the summary dismissal of the breach of contract claim given that the warranty deed identifies the property by reference to the recorded plat, which shows the correct acreage. |
Rutherford | Court of Appeals | |
James Justice v. Paul Gaiter, Et Al.
This appeal arises from a motor vehicle accident in a shopping center complex during the Christmas season. Plaintiff appeals the jury’s finding that he was sixty percent at fault for the accident and the trial court’s denial of his motion for a new trial. Finding that the jury’s apportionment of fault is supported by material evidence and that the trial court did not abuse its discretion in denying the motion for a new trial, we affirm the trial court in all respects. |
Williamson | Court of Appeals | |
Rodney Stafford, et al. v. Christy M. Lucas, A.P.N., et al.
The trial court dismissed this lawsuit for failure to timely serve the defendants after finding that it was “unaware of an exception to this rule or authority to expand the time for service.” Prior to the hearing, however, the plaintiffs filed a motion for enlargement of time under Rule 6.02 of the Tennessee Rules of Civil Procedure. The trial court did not specifically address this motion. As such, the trial court’s dismissal of the complaint is vacated, and this matter is remanded with instructions for the trial court to rule on plaintiffs’ motion for an enlargement of time. |
Shelby | Court of Appeals |
