Kenneth E. Raymer v. Maintenance Insights, LLC, Et Al.
Kenneth Raymer (“Employee”) sustained a compensable injury to his left shoulder on July 8, 2011, and a compensable injury to his neck on December 18, 2012. He filed separate civil actions seeking permanent disability benefits for his injuries. The actions were consolidated for trial. The trial court awarded 30% permanent partial disability for the shoulder injury and 50% permanent partial disability for the neck injury and commuted both awards to lump sums. Maintenance Insights, LLC and Logistics Insight Corporation (collectively “Employer”) have appealed, contending the disability awards are excessive and that Employee did not demonstrate that the awards should have been commuted. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court. |
Rutherford | Workers Compensation Panel | |
In Re K. O. Et Al.
The trial court terminated the parental rights of A.D.G. to her children, K.O. and K.G. Because the court did not “make[] specific findings of fact and conclusions of law,” Tenn. Code Ann. § 36-1-113(k) (2017), we remand the case to the trial court for the entry of an appropriate order. |
Smith | Court of Appeals | |
Corey Mitchell v. State of Tennessee
Petitioner, Corey Mitchell, appeals from the denial of his petition for post-conviction relief. He raises two issues on appeal: (1) he was denied a full and fair hearing in the post-conviction proceedings, and (2) his guilty plea was not knowingly, voluntarily, and intelligently made due to the ineffective assistance of counsel rendered by his trial counsel. After review of the arguments of the parties and the entire record, we conclude that Petitioner is entitled to relief on his first issue. Accordingly, we reverse the judgment of the post-conviction court and remand this matter for a new hearing. Furthermore, the interests of justice require that under the circumstances of this case, and to insure the public perception of a fair and impartial hearing, the post-conviction proceedings must be heard by a different judge than the one who has previously heard the proceedings. In light of our conclusion and disposition of the first issue, issue two is pretermitted at this time. |
Shelby | Court of Criminal Appeals | |
Matthew Dixon v. State of Tennessee
The pro se Petitioner, Matthew Dixon, appeals the summary dismissal of his petition for writ of habeas corpus and post-conviction DNA analysis. Following our review, we affirm the summary dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
Homeowners of Ash Grove Estates v. Carla Hurley, et al.
This appeal arises out of a suit to enforce restrictive covenants. Plaintiffs filed suit seeking an injunction to prevent their neighbors from operating a commercial horse facility. After a hearing, the court permanently enjoined Defendants from using or allowing their property to be used for a commercial horse operation and from constructing any additional buildings before they built a residence on the property. The trial court also ruled that Defendants did not have to remove or relocate the already-constructed “run-in shed” at this time, but that once a residence is built, the shed must be removed or moved to the rear of the residence. Defendants appeal. Upon our review, we reverse the judgment enjoining Defendants from conducting a commercial horse operation; in all other respects we affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
Alexander Alaka v. Short Cut Auto Sales & Repairs, Inc.
The plaintiff appeals the circuit court’s judgment for damages sustained to his vehicle, a reduction from the amount awarded in general sessions court. We vacate the final order and remand for entry of an order that sets forth sufficient findings of fact and conclusions of law in support of the circuit court’s decision. |
Davidson | Court of Appeals | |
In Re Emmalee O., et al.
This appeal involves the issue of past child sexual abuse by a parent. After the original trial de novo, the father was found guilty of severe child abuse and was enjoined from contact with the child and another daughter. A prior appeal resulted in an affirmance of the trial court’s finding. In re Emmalee O., 464 S.W.3d 311 (Tenn. Ct. App. 2015). After permission to appeal was denied by the Tennessee Supreme Court and the U.S. Supreme Court, the father filed a motion to vacate or modify the 2014 ruling of the trial court. After the trial court denied the relief requested, the father again appealed. We affirm the trial court’s decision. |
Knox | Court of Appeals | |
Town & Country Jewelers, Inc., et al. v. Andrew Timothy Sheriff, et al.
Over ten years after entry of a judgment, the judgment creditors filed a motion for scire facias to revive the judgment. The trial court denied the motion based on a determination that expiration of the statute of limitations deprived the court of subject matter jurisdiction. On appeal, the judgment creditors argue that their motion was timely because the debtor revived the debt by agreeing that the debt was nondischargeable in bankruptcy. We conclude that the trial court possessed subject matter jurisdiction but that revival does not apply. So we affirm as modified. |
Shelby | Court of Appeals | |
Johnson Real Estate Limited Partnership v. Vacation Development Corp., et al.
This action involves a long-term ground lease in which the defendant lessee paid for and maintained an insurance policy on the property for its benefit. The defendant surrendered the premises after the motel facility constructed on the land was destroyed by a wildfire before the expiration of the lease. The plaintiff lessor filed suit, seeking an equitable lien on the policy and its proceeds, a constructive trust against the insurance rights and recovery, a claim on the policy as a third-party beneficiary, and injunctive relief. The court granted summary judgment in favor of the defendant. We affirm. |
Sevier | Court of Appeals | |
Clayton Pickens v. John R. Underwood, et al.
This appeal arises from a dispute over a construction contract between Clayton Pickens (“Pickens”), a general contractor, and John R. Underwood (“Underwood”) and his wife Suzanne Curtin (“the Underwoods,” collectively). Pickens sued Underwood initially in Chancery Court but later transferred to the Circuit Court for Blount County (“the Trial Court”) for allegedly failing to pay him under a contract to build the Underwoods’ home. Underwood filed counterclaims against Pickens alleging, among other things, fraud, cost overruns, violation of the Tennessee Consumer Protection Act, and entering into a construction contract in excess of the monetary limit on Pickens’ contractor’s license. This case was tried before a jury. The jury found the Underwoods breached the construction contract and awarded Pickens $147,340.25. The jury also found that Pickens breached the contract through certain errors in construction and awarded the Underwoods $10,740.00. The Trial Court entered its final judgment affirming the jury’s verdict and awards of damages. The Underwoods appeal, arguing in part that Pickens should have been limited to his actual documented expenses because he entered the construction contract in excess of his contractor’s license limit. We hold, inter alia, that under the law in effect at the time of the execution of the contract, Pickens was not limited in damages to his actual documented expenses. We affirm the judgment of the Trial Court. |
Blount | Court of Appeals | |
David Michael Blevins v. State of Tennessee
Petitioner, David Michael Blevins, appeals the Sullivan County Criminal Court’s denial of his petition for post-conviction relief. On appeal, he contends that the post-conviction court improperly found: (1) that he had waived his independent claim regarding a speedy trial violation and (2) that trial counsel did not render ineffective assistance of counsel by failing to raise the speedy trial issue. Having reviewed the record before us, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
Cornell Poe v. City of Jackson Mayor Jerry Gist, et al.
A passenger on a Jackson Transit Authority bus was arrested as a result of an altercation with the driver; the arrest led to the passenger’s parole being revoked and his resulting incarceration. The passenger brought suit, asserting claims for slander and libel under the Tennessee Governmental Tort Liability Act and Tennessee Public Protection Act against the Transit Authority and certain of its employees, and the Mayor and various employees of the City of Jackson. The trial court granted summary judgment in favor of the defendants, and this appeal followed. Upon our review, we have determined that the complaint fails to allege causes of action under the Governmental Tort Liability Act and the Public Protection Act, and that the causes of action asserted against the individual defendants are barred by the statute of limitations. Accordingly, we affirm the judgment of the trial court dismissing the case. |
Madison | Court of Appeals | |
Regions Mortgage, et al. v. Joseph Willie Brown, et al.
This appeal arises from a marathon of litigation, as many as eleven separate civil actions, all of which pertain to the defendants’ former property in Eads, Tennessee that Regions Mortgage, Inc. (“Regions”) purchased at a foreclosure sale in 2013. See Brown v. AmSouth Bank, No. W2016-02596-COA-R3-CV, 2018 WL 1319169, at *1-2 (Tenn. Ct. App. Mar. 14, 2018). At issue here is the grant of a writ of possession to Regions by the General Sessions Court of Shelby County in a forcible entry and detainer action, which decision the defendants appealed to the circuit court. When the circuit court dismissed the appeal for lack of subject matter jurisdiction, the defendants appealed to this court. Due to profound deficiencies with the defendants’ brief, specifically the failure to comply with Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss the appeal. |
Shelby | Court of Appeals | |
Nathaniel Walker v. State of Tennessee
The Petitioner, Nathaniel Walker, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance of counsel and that his guilty pleas were unknowingly and involuntarily entered. Following our review, we affirm the summary denial of the petition. |
Madison | Court of Criminal Appeals | |
Board of Professional Responsibility Of The Supreme Court of Tennessee v. Charles Edward Daniel
This direct appeal arises from a disciplinary proceeding against a Knoxville attorney. A hearing panel (“Hearing Panel”) of the Board of Professional Responsibility (“Board”) found that the attorney had violated Rule 8.4(b) and (c) of the Tennessee Rules of Professional Conduct (“RPC”) by misappropriating funds from his law partnership in a manner intended to conceal his actions from his law partners. The Hearing Panel suspended him from the practice of law for three years but ordered the entire suspension served on probation. We conclude that the Hearing Panel did not abuse its discretion by suspending rather than disbarring the lawyer but did abuse its discretion by probating the entire suspension. Accordingly, we modify the Hearing Panel’s judgment to include one year of active suspension. In all other respects, the Hearing Panel’s judgment is affirmed. |
Knox | Supreme Court | |
Athlon Sports Communications, Inc. v. Stephen C. Duggan, et al
We granted permission to appeal in this case to address the methods by which a trial court may determine the “fair value” of the shares of a dissenting shareholder under Tennessee’s dissenters’ rights statutes, Tennessee Code Annotated sections 48-23-101, et seq. In doing so, we overrule Blasingame v. American Materials, Inc., 654 S.W.2d 659 (Tenn. 1983), to the extent that Blasingame implicitly mandates use of the Delaware Block method for determining the fair value of a dissenting shareholder’s stock. We adopt the more open approach espoused in Weinberger v. UOP, Inc., 457 A.2d 701, 712-13 (Del. 1983), in which the Delaware Supreme Court departed from the Delaware Block method and permitted trial courts to determine fair value by using any technique or method that is generally acceptable in the financial community and admissible in court. This approach allows trial courts to utilize valuation methods that incorporate projections of future value, so long as they are susceptible of proof as of the date of the corporate action and not the product of speculation. In this dissenters’ rights case, the defendant minority shareholders were forced out of the corporation as a result of a merger, and the corporation petitioned the trial court to determine the fair value of the minority shareholders’ stock. Both parties presented expert testimony regarding the valuation of the dissenting shareholders’ stock, and both experts assumed that Blasingame required use of the Delaware Block method to value the stock. However, both experts also valued the dissenting shareholders’ stock under more modern approaches, such as the discounted cash flow method. After a bench trial, the trial court discredited the testimony of the dissenting shareholders’ expert and credited the testimony of the corporation’s expert. The trial court’s order indicates that it may have based its decision on the premise that Blasingame compelled use of the Delaware Block method to determine stock value. Consequently, we remand to the trial court to reconsider its determination on valuation in light of our decision to partially overrule Blasingame |
Davidson | Supreme Court | |
State of Tennessee v. Wesley Lynn Hatmaker
Wesley Lynn Hatmaker (“the Defendant”) pled guilty to two counts of theft of property valued between $10,000 and $60,000 (Counts 1 and 6) and four counts of theft of property valued between $60,000 and $250,000 (Counts 2, 3, 4, and 5). The trial court imposed concurrent sentences of three years and six months for Counts 1 and 6, and concurrent sentences of ten years and six months for Counts 2, 3, 4, and 5, with Counts 1 and 2 to be served consecutively and all others concurrently, for an effective sentence of fourteen years in the Department of Correction with a release eligibility of thirty percent. The Defendant asserts that the trial court improperly applied sentencing factors, improperly imposed consecutive sentences, and improperly denied alternative sentencing. Upon review, we affirm the judgments of the trial court. |
Campbell | Court of Criminal Appeals | |
Earl Vantrease, Jr. v. Tennessee Board of Parole, Et Al.
This is an appeal from an order dismissing one of several defendants. Because the order does not dispose of the plaintiff’s claims against all of the defendants and because the trial court has not yet ruled on the plaintiff’s Tenn. R. Civ. P. 59 motion to alter or amend, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | |
Sisouphahn Thysavathdy v. Bridgestone Americas Tire Operations Et Al
Sisouphahn Thysavathdy (“Employee”) alleged that he sustained a compensable injury to his left shoulder on July 15, 2014. He was referred to a physician by his employer, Bridgestone Americas Tire Operations, LLC (“Employer”). That doctor opined that Employee’s shoulder condition was not work-related, and Employer denied the claim. After a compensation hearing, the Court of Workers’ Compensation Claims denied Employee’s claim. Employee appealed to the Workers’ Compensation Appeals Board, which affirmed the trial court’s decision. Employee has appealed that ruling. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Workers’ Compensation Appeals Board. |
Workers Compensation Panel | ||
State of Tennessee v. Donaven Brown
Defendant, Donaven Brown, appeals the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After careful consideration, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Bobby McKinley
The pro se Defendant, Bobby McKinley, appeals the Shelby County Criminal Court’s denial of his motion to vacate his judgments for aggravated robbery, arguing that the uniform judgment forms were not properly entered because the “file-stamp” was not on the face of the judgments and the judgments contained other clerical errors. Following our review, we dismiss the appeal for lack of jurisdiction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marquel Stewart
The Defendant, Marquel Stewart, was convicted by a Shelby County jury of aggravated robbery, see T.C.A. § 39-13-402, for which he received a sentence of eight years. In this appeal, he argues that the trial court erred in (1) conditioning his motion to continue the trial upon revocation of his bond, (2) admitting a shirt and bandana into evidence without proper authentication or chain of custody, and (3) admitting the Defendant’s jail phone calls into evidence. Upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Harold R. Gunn v. First Baptist Church, et al.
Appellant, a member of First Baptist Church of Humboldt, appeals the trial court’s grant of summary judgment in favor of Appellees, the church, its pastor, and chairman of the deacons. Appellant challenged the vote to change the name of the church to “The Church at Sugar Creek.” Finding that the ecclesiastical abstention doctrine acted as a jurisdictional bar, the trial court granted summary judgment. Discerning no error, we affirm and remand. |
Gibson | Court of Appeals | |
Gretelle Brashell Ingram v. Joey Evi Ingram
In this divorce case, the trial court awarded Wife alimony in futuro and partial attorney’s fees as alimony in solido. The trial court additionally awarded Wife the marital home despite the fact that Wife was unable to refinance the home to remove Husband from the mortgage. Discerning no error, we affirm the trial court’s judgment in all respects. |
Madison | Court of Appeals | |
Susan Walton Ex Rel. James Walton v. Tullahoma HMA, LLC
This is a case of healthcare liability and wrongful death. After the decedent’s death at a Tullahoma hospital, his surviving spouse filed suit seeking damages for his injuries and death. The case was eventually tried before a jury, and a verdict was returned in favor of the Plaintiff. Although the jury determined that the total damages were $300,000, the trial court suggested an additur of over $1,000,000. An amended final judgment was subsequently entered after the trial court determined that the Defendant had accepted the additur under protest. Because we are of the opinion that the trial court’s additur destroyed the jury’s verdict, we reverse the trial court’s judgment and remand the case for a new trial. |
Coffee | Court of Appeals |