Rodney N. Washington v. Music City Autoplex, LLC
M2023-00286-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Amanda J. McClendon

This is an appeal from a trial court’s dismissal of a complaint for race discrimination for failure to state a claim. For the following reasons, we affirm the decision of the circuit court.

Delvon Paden v. Kyrstyen Davison
M2023-00240-COA-R3-JV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Timothy K. Barnes

The trial court entered a permanent parenting plan in 2014 that governed the parties’ custody arrangement for nine years. In 2022, the child’s father petitioned the juvenile court for a modification of the parenting plan. During the pendency of the modification petition, he also filed a motion for a restraining order to prevent the child’s mother from removing the parties’ daughter from his custody, which was granted. After a hearing on the modification petition, the court found a material change in circumstances had occurred warranting modification and that modification of the custody arrangement was in the child’s best interest. We affirm.

State of Tennessee v. Ronnie Dale Whitener
M2023-00618-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Wesley Thomas Bray

In 2020, the Petitioner, Ronnie Dale Whitener, pleaded guilty to one count of the sale of and one count of the possession of less than 0.5 grams of methamphetamine, as well as one count of theft and one count of being a felon in possession of a handgun. The trial court sentenced him to an effective sentence of ten years of incarceration. In March 2023, the Petitioner filed a petition for post-conviction relief, which is not included in the record. The trial court summarily dismissed the petition as untimely, and the Petitioner appeals. After review, we affirm the trial court’s dismissal.

Hope Federal Credit Union v. Jenifer Griffin v. Allstate Corporation ET AL.
W2023-00310-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Rhynette N. Hurd

This appeal concerns a dispute over insurance coverage. After a fire loss, the insured brought a breach of contract claim against her insurer. The insurer subsequently filed a motion for summary judgment. The trial court awarded summary judgment to the insurer, finding that the insured was not entitled to coverage for additional living expenses because she did not have an insurable interest in the property and that the insured’s contents coverage claim was precluded under the doctrine of judicial estoppel. The insured appeals. We reverse and remand.

In Re Remington C., Et Al.
M2023-00983-COA-R3-PT
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Larry B. Stanley, Jr.

In this parental termination case, the paternal grandparents filed a petition to terminate the
mother’s parental rights to her four children, alleging several grounds for termination. The
trial court found that one ground for termination had been proven and that termination of
the mother’s parental rights was in the children’s best interests. Based on these findings,
the court terminated the mother’s parental rights. The mother appeals. We affirm the trial
court’s finding that the termination ground of abandonment by wanton disregard pursuant
to Tennessee Code Annotated § 36-1-102(1)(A)(iv)(c) has been proven and that
termination of the mother’s parental rights is in the children’s best interests. Accordingly,
we affirm the termination of the mother’s parental rights.

John David Ruff v. Vanderbilt University Medical Center
M2022-01414-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Joseph P. Binkley, Jr.

The plaintiff filed a health care liability action without a certificate of good faith. When the defendant moved to dismiss, the plaintiff asserted that the certificate was unnecessary because the common knowledge exception applied. He also contended that his noncompliance should be excused based on the defendant’s failure to timely provide medical records and/or for extraordinary cause. The trial court rejected the plaintiff’s arguments and dismissed the action with prejudice. We affirm.

John David Smartt v. State of Tennessee
M2023-00104-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Larry B. Stanley, Jr.

Petitioner, John David Smartt, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to prepare him to testify and failing to object to testimony concerning a recorded phone call between the victim (“J.S.”)¹ and Petitioner. Following our review of the entire record, oral arguments, and the briefs of the parties, we affirm the judgment of the post-conviction court.

Donald Douglas Wright v. Angel Sims Wright
M2023-01134-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Phillip R. Robinson

In this post-divorce dispute over child support, the mother has appealed an order striking her pleadings and granting the father a default judgment as to his counter-petition. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment.

Michael Frisbey Et Al. v. Salem Pointe Capital, LLC Et Al.
E2023-01233-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Jerri Bryant

The company holding developer’s rights to a subdivision and the company’s principal member used the developer’s rights to unilaterally remove a board member from the board of the subdivision’s homeowners’ association. The aggrieved board member and his wife filed suit, asking for an injunction allowing the plaintiff to remain a board member. The trial court granted the plaintiff’s request for a temporary injunction and later held that the defendant company lacked the authority to remove the plaintiff as a board member. The trial court reasoned that the bylaw on which the company relied in removing the board member was contrary to state law and improper. Defendants appealed to this Court. We reverse in part and affirm in part, affirming the trial court’s ultimate ruling that the plaintiff is entitled to his seat on the homeowners’ association board.

Roger Glen Vincent v. Deborah Lynn Vincent
M2023-01116-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Adrienne Gilliam Fry

In this divorce action, the wife contends that the trial court inequitably divided the parties’
marital estate. The trial court awarded the husband the divorce on the ground of
irreconcilable differences, classified the parties’ assets as separate or marital, and then
divided the parties’ marital estate. The court also determined that an award of alimony to
the wife was not appropriate and further denied the wife’s motion for civil contempt. This
appeal by the wife followed. Due to the wife’s failure to file a table that lists “all properties
and debts considered by the trial court, including: (1) all separate property, (2) all marital
property, and (3) all separate and marital debts,” as required by Court of Appeals Rule 7,
along with other deficiencies in the wife’s brief, we conclude that she has waived her issues
on appeal. Accordingly, we affirm the judgment of the trial court.

Angel Aguilar ET AL v. Eads Auto Sales
W2023-00914-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Gina C. Higgins

In an appeal from a general sessions court judgment, the trial court awarded the plaintiffs compensatory damages for a misrepresentation by a car dealer, declined to award treble damages, and awarded the plaintiffs only a portion of their attorney’s fees. Both parties appeal. We vacate the denial of treble damages, but otherwise affirm the decision of the trial court.

James V. Holleman v. Barbara J. Holleman
E2022-01396-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Clarence E. Pridemore, Jr.

After many years of contentious post-divorce litigation, the trial court ordered the court clerk’s office to distribute property-sale proceeds to the parties. The trial court also ordered that the wife’s portion of the sale proceeds be taxed in an amount sufficient to satisfy a previous sanctions award against the wife and an award of attorney’s fees to the husband. The wife appeals to this Court. Discerning no error, we affirm.

State of Tennessee v. John Edward Graham
E2023-01066-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted Defendant of Class E felony theft of property valued at more than $1,000 but less $2,500. Defendant claims that the evidence was insufficient to sustain the conviction and that the trial court erred in denying Defendant the right to enter relevant evidence. Following our review, we determine that the evidence was sufficient for the jury to find Defendant guilty and that the trial court properly excluded the evidence because it was not properly authenticated. We affirm the judgment of the trial court.

State of Tennessee v. Rodney Heatherly
M2023-00264-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge M. Caleb Bayless

This is an appeal from the trial court’s order of restitution. The Appellant asserts error,
and the State concedes. After review, we reverse the trial court’s judgment and remand the
case for a new restitution hearing.

State of Tennessee v. Michael David Mosley
M2023-00475-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Angelita Blackshear Dalton

Defendant, Michael David Mosley, appeals his Davidson County Criminal Court convictions for two counts of first degree murder, one count of attempted first degree murder, and one count of assault, for which Defendant received a total effective sentence of two consecutive life terms plus 40 years. Defendant asserts on appeal that: (1) the indictment was invalid because it was signed by an Assistant District Attorney General; (2) the trial court erred by allowing evidence of other bad acts in contravention of Tennessee Rule of Evidence 404(b); (3) the trial court’s instructions to the jury should have included a “no duty to retreat” instruction; (4) the State made improper comments during closing argument; (5) the evidence was insufficient to show premeditation; and (6) the trial court abused its discretion by imposing consecutive sentencing.¹ Having reviewed the entire record on appeal, the parties’ briefs, and oral arguments, we affirm Defendant’s convictions and sentences.

Robert Allen Doll, III v. Board of Professional Responsibility of the Supreme Court of Tennessee
M2022-01723-SC-R3-BP
Authoring Judge: Chief Justice Holly Kirby
Trial Court Judge: Senior Judge Robert E. Lee Davies

In this case, an attorney appeals the recommended sanction of disbarment after three criminal convictions. The attorney was convicted by a jury of two counts of subornation of aggravated perjury and one count of criminal simulation, all Class E felony offenses and serious crimes under Tennessee Supreme Court Rule 9, section 22. All three criminal convictions arose out of the attorney’s conduct in representing a client. In the ensuing disciplinary proceedings, a Board of Professional Responsibility hearing panel recommended disbarment. The attorney appealed the hearing panel’s decision to the chancery court, which affirmed. The attorney appealed to this Court. On appeal, the attorney argues the hearing panel should have reviewed similar cases of attorney misconduct where a suspension was imposed, and that he should be suspended based on the sanction imposed in those cases. Under Tennessee Supreme Court Rule 9, Board of Professional Responsibility hearing panels and trial courts considering attorney discipline promote consistency in the imposition of sanctions by anchoring their decisions on punishment to the American Bar Association Standards for Imposing Lawyer Sanctions. Rule 9 does not give either hearing panels or trial courts authority in attorney disciplinary cases to base recommended attorney disciplinary sanctions on a review of sanctions imposed in comparative cases. The Supreme Court’s more expansive perspective from seeing the broad swath of attorney disciplinary matters in the entirety of the State—whether appealed or not—puts it in the best position to consider comparative cases for the sake of uniformity of punishment throughout Tennessee. In this case, considering the nature of the attorney’s misconduct, no comparable case convinces us that suspension, rather than disbarment, is the appropriate sanction. Accordingly, we affirm the judgment of the chancery court and the decision of the hearing panel and impose the sanction of disbarment.

Hollie Cherry v. Lori Christine Moss, et al.
W2023-00146-COA-R3-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Special Judge W. Ray Glasgow

Grandmother appeals the denial of her petition for grandparent visitation, arguing that the trial court failed to apply the presumption of irreparable harm contained in Tennessee Code Annotated section 36-6-306(a)(5). Because Grandmother never asked the trial court to apply a rebuttable presumption of harm, we affirm.

Jason L. White v. State of Tennessee
W2023-01177-CCA-R3-ECN
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James Jones, Jr.

Petitioner, Jason L. White, appeals the Shelby County Criminal Court’s denial of his “Petition for Writ of Error Coram Nobis.” Following our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

Leslie Burke et al. v. Department of Children's Services
E2023-00904-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Douglas T. Jenkins

This is a child custody matter involving the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. § 36-6-201, et seq. (“the UCCJEA”). Leslie Burke and Melissa Burke (“the Burkes”) received temporary custody pending adoption of the minor child Jane Doe (“the Child”) from an Indiana court (“the Indiana Court”). The Burkes then brought the Child to Tennessee. The Tennessee Department of Children’s Services (“DCS”) later filed a dependency and neglect action in the Juvenile Court for Greene County (“the Juvenile Court”). DCS alleged that the Child disclosed having been sexually abused in previous adoptive homes, and that the Burkes were not cooperating with individual therapy for the Child. The Juvenile Court ordered the Child’s removal into DCS custody. The Child’s legal parents in Indiana surrendered their parental rights. DCS moved for guardianship of the Child in the Circuit Court for Greene County (“the Circuit Court”), which the Circuit Court granted. The Burkes sued DCS2 in the Circuit Court challenging the legal parents’ surrender of their parental rights and the Circuit Court’s award of full guardianship to DCS. The Burkes and DCS filed motions for summary judgment. The Circuit Court ruled in favor of DCS, dismissing the Burkes’ complaint. The Burkes appeal, arguing that the Circuit Court lacked subject matter jurisdiction even though the Indiana Court expressly ceded jurisdiction to Tennessee. We hold, inter alia, that Indiana relinquished its exclusive, continuing jurisdiction. We affirm

In Re Destiney S. et al.
E2023-00895-COA-R3-PT
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Judge Michael Pemberton

The Department of Children’s Services filed a petition to terminate the mother’s parental rights to her five children on multiple grounds. The trial court found that grounds had been proven and that termination of the mother’s parental rights was in the children’s best interests. The mother of all five children appeals. For the reasons stated below, we vacate that part of the judgment terminating Mother’s parental rights to Destiney S. and Serenity S. because they attained the age of majority prior to the entry of the final judgment. As for the three youngest children, Aurora R., Kanan R., and Kyaion R., we affirm the trial court’s determination that grounds for termination of Mother’s parental rights were proven and that termination of Mother’s parental rights is in their best interests. Accordingly, we affirm the termination of Mother’s parental rights to Aurora R., Kanan R., and Kyaion R.

John Stalnaker, Jr. v. Carole Cupp
M2023-00404-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Deanne B. Johnson

The beneficiary of a trust sued the trustee, who also served as the executor of the estate of the beneficiary’s stepmother, for various claims, including breach of fiduciary duty and conversion. The trustee moved to dismiss the petition pursuant to Tenn. R. Civ. P. 12.02(6), and the trial court granted the motion after concluding that the breach of fiduciary duty claim was time-barred and that the petition failed to allege facts sufficient to establish a claim for conversion. Discerning no error, we affirm the trial court’s decision.

State of Tennessee v. Jeremie Scott Modine
M2022-01183-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Stella L. Hargrove

A Maury County jury convicted Defendant, Jeremie Scott Modine, of one count of rape,
one count of domestic assault, three counts of violating a no-contact order, and two counts
of violating a protective order. Defendant argues on appeal that (1) the trial court
committed plain error in constructively amending the indictment to charge rape by lack of
consent, and (2) that the trial court erred in denying alternative sentencing. After careful
consideration, we hold that the trial court committed plain error in constructively amending
the indictment by instructing the jury on a mode of liability not charged in the indictment.
The trial court did not abuse its discretion in denying alternative sentencing. We therefore
vacate Defendant's rape conviction and remand this matter for a new trial on that count of
the indictment as well as correction of judgment forms as outlined in this opinion.

Deirdra Ransom et al. v. Legends Bank
M2023-00132-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Joe Thompson

This appeal arises from a dispute regarding a residential property mortgage and the subsequent default, foreclosure, and eviction. Because the notice of appeal was not timely filed, we find that this court does not have jurisdiction over the matter. Accordingly, we dismiss the appeal.

Tyler Keith Parrish v. State of Tennessee
M2023-01270-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge M. Wyatt Burk

Petitioner, Tyler Keith Parrish, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

State of Tennessee v. Gregory Tyrone Dotson
M2023-00430-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Angelita Blackshear Dalton

This is an appeal from the order of the trial court revoking a community corrections sentence. On February 18, 2022, the Appellant, Gregory Tyrone Dotson, entered a guilty plea to aggravated assault with a deadly weapon, vandalism, and possession with intent to sell .5 grams or more of a substance containing cocaine, for which he received an effective sentence of ten years to be served on community corrections. Following an evidentiary hearing, the trial court revoked the Appellant’s community corrections sentence based on the preliminary hearing testimony of Able Aguilar, the victim of the aggravated robbery as alleged in the violation warrant, and imposed the original ten-year sentence in confinement. On appeal, the Appellant contends the admission of Aguilar’s preliminary hearing testimony violated his confrontation rights because there was an insufficient showing of good cause or reliability. He additionally argues the trial court erred in considering an offense that was not included in the violation warrant to revoke the Appellant’s community corrections sentence and in ordering complete confinement. After review, we affirm the judgments of the trial court.