Robert Howard v. Monica Howard
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. |
Sullivan | Court of Appeals | |
Angel Marie White v. Jennifer C. Goodfred, D.O. ET AL.
This appeal specifically concerns health care liability claims arising from medical treatment that occurred in 2011 and 2012. After complaints were filed in 2019, the defendants at issue in this appeal sought to have the claims related to the 2011 and 2012 treatment dismissed. The trial court thereafter entered an order dismissing such claims, holding that they were barred by the three-year statute of repose. Although the plaintiff now appeals, her appellate brief is significantly noncompliant with applicable briefing requirements. In light of these briefing deficiencies, we hold that the plaintiff has waived any issues raised and that the appeal should therefore be dismissed. |
Shelby | Court of Appeals | |
In Re Silva F.
Mother appeals the termination of her parental rights. The trial court found three grounds for termination: abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume custody. The trial court also concluded that terminating Mother’s parental rights was in the child’s best interest. We conclude that the trial court did not err in concluding either that a ground for termination was established or that termination is in the child’s best interest. |
Cumberland | Court of Appeals | |
State of Tennessee v. Richard Caldwell
Following a trial, a jury found Defendant, Richard Caldwell, guilty of felony evading arrest, reckless driving, and driving on a revoked or suspended license, for which Defendant received an effective two-year sentence. On appeal, Defendant contends that the trial court erred in denying his request for a jury instruction regarding the State’s duty to preserve evidence. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Jamie M. Cooper v. Bradley Cooper
In this divorce action, the trial court, inter alia, denied Husband any contact with the parties’ children until he follows all recommendations from a complete psychiatric evaluation and granted Wife a lifetime restraining order. Husband now appeals. We affirm the trial court’s decision to limit Husband’s parenting time pursuant to Tennessee Code Annotated section 36-6-406. We vacate the lifetime restraining order and remand for the trial court to enter a more specific order pursuant to Tennessee Rule of Civil Procedure 65.02. |
Henry | Court of Appeals | |
Colleen Ann Hyder v. Board of Professional Responsibility of the Supreme Court of Tennessee
In this case, we review a trial court’s determination that a Montgomery County attorney violated Rule 5.5(a) of the Rules of Professional Conduct by practicing law while her license was suspended for failure to pay the professional privilege tax and the accompanying sanction of a public censure. Finding no abuse of discretion, we affirm. |
Montgomery | Supreme Court | |
Nashville Church of Christ, Inc., as successor-in-interest to Central Church of Christ v. Amy Grant Gill and Andrew M. Burton, as co-administrators of the Estate of A.M. Burton, et al.
This appeal involves a complaint to quiet title and for declaratory and injunctive relief filed by a church. The church had purchased property in 1925 pursuant to a deed providing that if the property ceased to be used for the purposes and objects described in the deed, it would “revert” to the estate of an individual who was then serving as a trustee of the church. In 2019, an attorney informed the church that he represented several individuals who were heirs of said trustee and were concerned that the property was not being used in a manner consistent with the deed. Thus, the church filed the instant complaint and sought a declaration that the restriction in the deed was no longer valid and enforceable, or in the alternative, it had not violated the restriction by utilizing the property in a manner inconsistent with the deed. The parties filed cross motions for partial summary judgment on the issues surrounding the validity of the deed restriction. The trial court granted partial summary judgment to the defendants, concluding that the restriction remained enforceable. Thus, the trial court noted that the remaining issue to be decided was whether the church had adhered to the applicable restriction. The church filed a motion asking the trial court to either certify its partial summary judgment order as final pursuant to Tennessee Rule of Civil Procedure 54.02 or grant it permission to seek an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9. Before this motion was heard, however, an agreed order was entered certifying the trial court’s partial summary judgment order as final pursuant to Rule 54.02. The church appealed. We conclude that the trial court improvidently certified its order as final and dismiss the appeal. |
Davidson | Court of Appeals | |
Mazahir Hamadani v. Meshreky Meshreky
A landlord obtained a judgment from a General Sessions Court against his tenant for back rent and other damages. The tenant appealed, and the Circuit Court reduced the damages award. The landlord appeals to this court. The landlord, who is pro se, disregards the Tennessee Rules of Appellate Procedure in his filings. His filings render his argument indiscernible. The landlord also failed to provide a record that fully and accurately depicts the underlying proceedings. Because the landlord’s deviations from the Tennessee Rules of Appellate Procedure prevent this court from providing meaningful appellate review, we dismiss his appeal. |
Davidson | Court of Appeals | |
Gary Viles Motors, LLC v. Shawna M. Chance
This is an appeal from a jury verdict wherein the jury found that the defendant had met the burden to prove her |
Knox | Court of Appeals | |
Estate of Susan Ballard ET AL. v. State Farm Fire and Casualty CO.
This appeal concerns a breach of contract claim filed by an insured in relation to a homeowner’s insurance policy. The insurer filed a motion for summary judgment which the trial court initially denied, having determined that there were issues of material fact in dispute. Upon the filing of a renewed motion for summary judgment accompanied by two affidavits from an employee of the insurer that offered interpretations of the evidence in dispute, the trial court granted the insurer’s motion, determining that the affidavits resolved the factual disputes. Because we conclude that there are disputed issues of material fact such that summary judgment should not have been granted, we reverse the trial court’s judgment. |
Tipton | Court of Appeals | |
Henry's Florist, Inc. v. Heather R. Knott
This case involves a disputed easement. Appellee filed a complaint for declaratory judgment asking the trial court to conclude that an easement existed in its favor. Appellant filed a counter complaint requesting a declaratory judgment that no easement existed and requesting an injunction prohibiting Appellee from using the disputed easement. On Appellee’s motion for summary judgment, the trial court concluded that an easement existed in favor of Appellee, and it denied the relief Appellant sought. Thereafter, the trial court granted Appellee’s motion to dismiss Appellant’s counter complaint. We agree that an easement exists, and we affirm the trial court’s order granting the motion for summary judgment. Because the summary judgment order granted relief in Appellee’s favor, Appellant’s request for relief in the counter complaint was denied on the merits, rendering the counter complaint moot. As such, we vacate the trial court’s order on the motion to dismiss. |
Rutherford | Court of Appeals | |
Albert Randall Worrell v. Obion County School District
Albert Randall Worrell injured his shoulder in the course and scope of his employment with Obion County School District. Mr. Worrell and Obion County entered into a settlement agreement. Among other things, the agreement required Obion County to pay for future medical expenses related to his work injury. Almost three years after his initial injury, Mr. Worrell’s doctors recommended that he undergo shoulder replacement surgery. The Court of Workers’ Compensation Claims concluded that Obion County was not required to pay for the shoulder replacement surgery because Mr. Worrell did not prove that the recommended surgery was causally related to his work injury. The Workers’ Compensation Appeals Board affirmed. In his appeal to this Panel, Mr. Worrell presses federal and state constitutional challenges to two provisions of Tennessee’s workers’ compensation law—Tennessee Code Annotated section 50-6-116 (2014), which instructs courts to construe the workers’ compensation law fairly and impartially, and Tennessee Code Annotated section 50-6-102(14) (Supp. 2016), which defines the term “injury.” Mr. Worrell argues that both provisions violate the substantive due process protections of the United States and Tennessee Constitutions and the Open Courts Clause of the Tennessee Constitution. He further argues that the definition of “injury” violates the equal protection guarantees of the federal and state constitutions. We hold that the challenged statutory provisions are constitutional and affirm the judgment of the Workers’ Compensation Appeals Board. |
Workers Compensation Panel | ||
Alyssia Arnold et al. v. Jay Witt
This appeal arises out of a petition filed by Alyssia Arnold and Donavan Levenhagen (collectively, “Appellants”) seeking visitation with three minor children, Appellants’ half-siblings. The respondent moved to dismiss Appellants’ petition for visitation due to a lack of standing. The Lincoln County Juvenile Court (“juvenile court”) granted the motion to dismiss. Appellants appealed to the Lincoln County Circuit Court (“circuit court”), which also granted a motion to dismiss. Discerning no error, we affirm. |
Lincoln | Court of Appeals | |
State of Tennessee v. Isaiah Jamal Simmons
The Defendant, Isaiah Jamal Simmons, appeals from his guilty-pleaded convictions in the |
Hamilton | Court of Criminal Appeals | |
Moye Jones et al. v. Cathleen M. Craddock
This auto accident case involves an insurer’s claim that its limit of liability for uninsured motorist coverage should be offset due to the availability of payable workers’ compensation benefits. The trial court granted summary judgment to the insurer. We reverse and remand for further proceedings. |
Sumner | Court of Appeals | |
In Re Bentley R.
The Chancery Court for Madison County (“the Trial Court”) terminated the parental rights of River M. (“Mother”) to her son, Bentley R. (“the Child”). Mother appeals, challenging the Trial Court’s finding that termination of Mother’s parental rights was in the Child’s best interest. Discerning no reversible error, we affirm. |
Madison | Court of Appeals | |
Linda R. Kerley v. George Olin Kerley
This is an appeal from a final decree of divorce in which the trial court determined that the assets accumulated |
Bledsoe | Court of Appeals | |
Brittney C. Shedd v. Tennessee Board of Nursing
This is an appeal from an order dismissing a complaint for judicial review. Because the appellant did not file her notice of appeal with the clerk of the appellate court within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal. |
Rutherford | Court of Appeals | |
State of Tennessee v. Buford Dudley Creighton
Defendant, Buford Dudley Creighton, claims that the evidence presented at his bench trial was insufficient to support his conviction for identity theft. We determine that the proof was sufficient to show that Defendant used the personal identifying information of another with the intent to avoid criminal prosecution and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Sedrick Darnell Cummings
The Defendant, Sedrick Darnell Cummings, appeals as of right from his misdemeanor domestic assault conviction, for which he received a sentence of eleven months and twenty-nine days probation after service of ten days in jail. The Defendant contends that the evidence was insufficient to support his conviction and that the trial court erred in admitting alleged prior bad acts. Discerning no error, we affirm. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Brandon L. Holliday
A Madison County jury convicted the Appellant, Brandon L. Holliday, on multiple counts for evading arrest in a vehicle with risk of death or injury to innocent bystanders, disobeying a traffic signal, violating financial responsibility law, reckless driving, violation of duty upon striking a fixture upon a highway, and driving with a revoked license, for which he received an effective sentence of twelve years’ confinement. On appeal, the Appellant argues that the evidence was insufficient to support his conviction of evading arrest because it did not establish that bystanders were at risk of death or injury during his flight. Upon review, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dewey Huggins
The Appellant, Dewey Huggins, was convicted of aggravated domestic assault and sentenced to fourteen years’ imprisonment. The sole issue presented in this appeal is whether Assistant District Attorney General Falen Chandler should have been disqualified from prosecuting this case based on her prior representation of the Appellant in a separate criminal case in 2014. After review, we determine that no conflict of interest existed and affirm the trial court’s judgment. |
Fayette | Court of Criminal Appeals | |
In Re Ezra C.
This action involves the termination of a father’s parental rights to his minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish the statutory ground of termination of abandonment by failure to visit. The court also found that termination was in the best interest of the child. We affirm the trial court’s termination decision. |
Putnam | Court of Appeals | |
Hector William Zarate Capriel v. State of Tennessee
The petitioner, Hector William Zarate Capriel, appeals the denial of his petition for postconviction |
Hamblen | Court of Criminal Appeals | |
Robert Brooks v. State of Tennessee
The Petitioner, Robert Brooks, acting pro se, appeals the denial of his petition seeking relief from his convictions of reckless endangerment, aggravated robbery, two counts of aggravated assault, and one count of assault, for which he received an effective sentence of ten years, eleven months, and twenty-nine days confinement. State v. Brooks, No. W2020-01026-CCA-R3-CD, 2021 WL 4936969, at *1 (Tenn. Crim. App. Oct. 22, 2021), no perm. app. filed. As we understand the issues raised in the Petitioner’s pro se brief, he contends (1) trial counsel was ineffective based on certain statements made during closing argument conceding the Petitioner’s guilt; (2) trial counsel’s failure to exclude an affidavit of complaint which contained alleged perjury; and (3) the trial court lacked jurisdiction to prosecute his case because the affidavit of complaint lacked probable cause.1 Upon our review, we affirm. |
Shelby | Court of Criminal Appeals |