State of Tennessee v. Lionel R. Lindsey
E2014-02096-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge R. Jerry Beck

The Petitioner, Lionel R. Lindsey, appeals the Sullivan County Criminal Court's summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Petitioner argues that the trial court erred by summarily dismissing his motion. Upon review, we affirm the judgment of the trial court.

In re Malina W., et al.
M2015-00326-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Deanna B. Johnson

In this termination of parental rights case, the father appeals the trial court’s termination of his parental rights to his two daughters on the grounds of abandonment by failure to visit and support the children in the four consecutive months preceding his incarceration and conduct prior to his incarceration that exhibited a wanton disregard for the welfare of the children. The father also asserts the court erred in finding that termination was in the children’s best interest. We fail to find clear and convincing evidence to support the trial court’s conclusion that the father abandoned the children by failing to visit or support them in the four months preceding his incarceration; however, we affirm the trial court’s finding that father engaged in conduct prior to his incarceration that exhibited a wanton disregard for the welfare of the children. Likewise, we affirm the court’s best interest determination. The trial court’s finding that father’s parental rights should be terminated is affirmed.

Frances E. Miller Ex Rel. Arnold Edward Miller, Sr. v. Cookeville Regional Medical Center, et al.
M2014-01917-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Amy V. Hollars

Plaintiff filed this medical malpractice action on September 8, 2011, pursuant to the Tennessee Medical Malpractice Act (“the TMMA”) against Cookeville Regional Medical Center, which is a governmental entity subject to the Governmental Tort Liability Act (“the GTLA”). The Medical Center filed a motion to dismiss for failure to state a claim, relying upon the Supreme Court’s decision in Cunningham v. Williamson Cnty. Hosp. Dist., 405 S.W.3d 41 (Tenn. 2013), to support its assertion that Plaintiff’s suit was untimely filed because it was not filed within the one-year statute of limitations set forth in the GTLA, Tenn. Code Ann. § 29-20-305(b) (2012). Plaintiff responded contending that the Cunningham decision should be applied prospectively only, so as to preserve Plaintiff’s claim as timely. The trial court found the decision in Cunningham controlling and dismissed the complaint as untimely filed. We affirm.

Marvin Dewayne Echols v. Elke Monika Echols
M2014-01856-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Ross H. Hicks

This appeal arises from a divorce involving a challenge to the validity of the marriage. Marvin Dewayne Echols (“Husband”) filed suit for divorce against his wife Elke Monika Echols (“Wife”) in the Circuit Court for Montgomery County (“the Trial Court”). Husband later alleged that his marriage to Wife was void. Husband and Wife had married shortly after a German court had pronounced Wife divorced, and Husband’s position is that Wife’s divorce was not yet legally binding under German law when they married in Kentucky. The Trial Court, among other things, found the marriage valid and granted the parties a divorce. Husband raises several issues on appeal, chief among them the issue of the validity of the marriage in the first place. We hold that Husband failed to prove that his marriage to Wife was invalid. We affirm the judgment of the Trial Court in its entirety.      

Historic Sylvan Park, Inc., et al. v. Metropolitan Government of Nashville, Davidson County, Tennessee, et al
M2014-02254-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Claudia Bonnyman

Residents of the Sylvan Park neighborhood of Nashville filed a petition for writ of certiorari, seeking review of a decision by the Metropolitan Planning Commission to recommend that the Metropolitan Council disapprove an ordinance which would expand the historic conservation overlay district in the neighborhood. The Planning Commission moved to dismiss the petition, asserting that the Planning Commission’s decision “was only a recommendation and not a ‘final order’ from which an appeal may be taken with a writ of certiorari.” The court granted the motion, holding that the decision by the Planning Commission was not a final order, and thus the court lacked subject matter jurisdiction. Residents appeal. Because the Metropolitan Council must take further action on the Planning Commission’s recommendation before the zoning ordinance is enacted, the decision of the Planning Commission is not a final order or judgment for purposes of judicial review; accordingly, we affirm the dismissal of the petition.      

Libertad Claborn v. Bobby L. Claborn
E2014-01683-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Jacqueline S. Bolton

In 2013, Libertad Claborn (Wife) obtained a “default judgment for dissolution of marriage” from a trial court in Illinois. Wife had resided in Illinois since 2011. The Illinois court ordered the sale of the marital residence in Chattanooga and directed Bobby L. Claborn (Husband) to “cooperate fully” in the sale. The Illinois judgment also ordered Husband to pay child support and educational expenses for the parties’ children. Wife properly enrolled the judgment in Tennessee and sought its enforcement. The trial court in Tennessee accorded full faith and credit to the Illinois judgment. Husband appeals, arguing that (1) the Illinois court did not have jurisdiction to order the sale of the marital residence; (2) the foreign judgment contains provisions at odds with Tennessee public policy; (3) the trial court improperly declined to transfer the matter to chancery court; and (4) the trial court entered a “default” judgment without allowing him to present defenses. We affirm.

Robert Winters v. State of Tennessee
E2015-00268-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Rebecca J. Stern

The Petitioner, Robert Winters, appeals the Hamilton County Criminal Court's summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Petitioner argues that the trial court erred by summarily dismissing his motion. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. Ashley Marie Pretzer
M2014-02127-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Franklin Lee Russell

The trial court granted judicial diversion for the Defendant, Ashley Marie Pretzer, on several drug-related charges in an eighteen-count indictment. The Defendant agreed to be on supervised probation for a period of eight years. Two years later, the Defendant’s probation officer filed an affidavit with the trial court alleging that the Defendant had violated the terms of her probation by failing a drug screen. The trial court issued a probation violation warrant, and, thereafter, the police arrested the Defendant for driving under the influence, failing to prove financial responsibility, and possessing drug paraphernalia. The Defendant’s probation officer amended his affidavit to include these new charges. The trial court held a hearing on the Defendant’s alleged probation violations during which she admitted to the violations. The trial court revoked the Defendant’s judicial diversion and sentenced her to serve a sentence of eight years in confinement. On appeal, she contends that the trial court improperly required her to serve the balance of her sentence rather than reinstate her sentence of probation. After a thorough review of the record, we affirm the trial court’s judgment.

Ewin B. Jenkins et al v. Big City Remodeling et al. - Concurring in Part and Dissenting in Part
E2014-01612-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge O. Duane Slone

State of Tennessee v. Perry L. McCrobey
E2014-01953-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Rebecca J. Stern

Defendant, Perry L. McCrobey, appeals from the trial court’s summary dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. The State concedes that the trial court erred by summarily dismissing Defendant’s motion. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the trial court’s order dismissing the motion and remand for appointment of counsel if Defendant is indigent and for other proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1.

Jordan Leanne (Parker) Roland v. Ryan Lee Roland
M2014-02032-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Robert E. Burch

Mother and Father are the parents of two minor children. Mother and Father each filed a complaint for divorce and sought to be named the primary residential parent. The trial court designated Father the primary residential parent and created a permanent parenting plan that was materially different from the plan proposed by either party. The court also entered a child support order. Mother appealed the trial court’s judgment, arguing that the trial court erred by (1) designating Father the primary residential parent; (2) setting up the residential schedule and parenting plan based entirely on Father’s work schedule, with the result that Mother has the children only one day at a time; and (3) imputing a higher income to her for child support purposes than is warranted by the evidence. We affirm the trial court’s designation of Father as the primary residential parent, but we vacate the trial court’s residential plan and child support order and remand the case to the trial court for further proceedings.

Ewin B. Jenkins et al v. Big City Remodeling et al.
E2014-01612-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge O. Duane Slone

The plaintiffs filed this action to recover damages they incurred when, during construction, their home was completely destroyed by fire. The plaintiffs sued the project's general contractor as well as various subcontractors employed by the general contractor. The complaint included allegations of negligence, based in part on the doctrine of res ipsa loquitur, and breach of contract. The trial court granted summary judgment in favor of all defendants. The plaintiffs have appealed. We affirm the trial court's grant of summary judgment to the general contractor regarding claims based upon the general contractor's own negligence and res ipsa loquitur, but we reverse the trial court's grant of summary judgment regarding the negligence of the flooring subcontractors. We also reverse the trial court's grant of summary judgment in favor of the general contractor regarding the plaintiffs' breach of contract claim. Finally, we remand the case to the trial court for further proceedings consistent with this opinion.

Wayne Holtsclaw et al v. Darrell Johnson et al.
E2015-00081-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor John C. Rambo

This is a dispute over a narrow strip of real property adjacent to the boundary line of tracts of land owned by plaintiffs Wayne Holtsclaw and Willie Holtsclaw and defendants Darrell Johnson and Brenda Johnson. The Holtsclaws brought this action seeking ejectment and a declaration that they owned the disputed property. The Johnsons asserted, among other things, that they were entitled to the property because of their many years of adverse possession. The Holtsclaws responded by arguing that Tenn. Code Ann. § 28-2-110 (2000 & Supp. 2015) bars the Johnsons' adverse possession claim because, for more than twenty years, the Johnsons had not paid property taxes on the disputed property. The Johnsons responded that the Supreme Court's opinion in Cumulus Broadcasting, Inc. v. Shim, 226 S.W.3d 366, 381 (Tenn. 2007), which held that § 28-2-110 is not applicable “when the tracts are contiguous, a relatively small area is at issue, and the adjacent owners making claims of ownership have paid their respective real estate taxes,” applied in this case. The trial court ruled that the Johnsons established ownership by adverse possession and that the “Cumulus exception” applies. We affirm.

Cody Cofer v. State of Tennessee
E2014-01844-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge David A. Patterson

The Petitioner, Cody Cofer, appeals from the denial of post-conviction relief by the Circuit Court for Cumberland County. He was convicted of two counts of felony murder and one count of attempted especially aggravated robbery, for which he received consecutive life sentences and a concurrent twelve-year sentence. On appeal, the Petitioner argues that he received ineffective assistance of counsel at both the trial and appellate levels. Upon review, we affirm the judgment of the post-conviction court.

Guy Ratledge v. Langley Enterprises, LLC, et al.
E2014-02089-SC-R3-WC
Authoring Judge: Justice Gary R. Wade
Trial Court Judge: Judge Pamela A. Fleenor

The employee fell from a roof in the course of his employment and sustained fractures of his left leg. The injury required three surgical procedures, including a fusion of his injured ankle, which resulted in the shortening of one leg. He asserted that his altered gait from the leg injury has caused disability to his lower back and that the permanency of his injuries has resulted in severe clinical depression. When the employee and the employer were unable to resolve the issue of workers' compensation benefits, the employee filed suit. At the conclusion of the proof, the trial court found that the leg injury extended to the body as a whole and, further, that the employee, who had been unable to return to work, was entitled to an award of benefits in excess of six times the anatomical impairment pursuant to Tennessee Code Annotated section 50-6-242 (2008 & Supp. 2013). The employer appealed, contending that the trial court erred by assigning disability to the body as a whole and by awarding a 90% vocational disability, which is in excess of six times the anatomical disability of 12%. 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.

State of Tennessee v. Micah Alexander Cates
E2014-01322-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Jon Kerry Blackwood

The Defendant-Appellant, Micah Cates, was convicted by a Carter County jury of vehicular homicide by intoxication. Prior to trial, the Defendant moved the trial court to suppress evidence obtained from a warrantless blood draw. The trial court denied the motion and the case proceeded to trial where the State introduced evidence of the Defendant's blood alcohol content. Following the Defendant's conviction, the trial court imposed the minimum sentence of eight years with a release eligibility of 30 percent. The trial court denied alternative sentencing and ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant argues that (1) the trial court erred in denying his motion to suppress evidence obtained from his warrantless blood draw, and (2) the trial court abused its discretion in sentencing the Defendant. Upon our review, we conclude that no exception to the warrant requirement justified the warrantless blood draw in this case. Accordingly, we reverse the trial court's denial of the Defendant's motion to suppress evidence obtained from the blood draw and vacate his conviction.

State of Tennessee v. Nicole Flowers
M2014-01744-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Robert L. Holloway, Jr.
The Defendant-Appellant, Nicole Flowers, was indicted by the Maury County Grand Jury for one count of stalking, a Class A misdemeanor. See T.C.A. § 39-17-315(b)(2) (Supp. 2012). Following a bench trial, Flowers was found guilty of the charged offense. The same day, the trial court imposed a sentence of eleven months and twenty-nine days to be served on supervised probation. On appeal, Flowers argues that the evidence is insufficient to support her conviction. Upon review, we affirm the judgment of the trial court.

Barbara Edwards v. Engstrom Services et al.
E2014-01777-SC-R3-WC
Authoring Judge: Justice Gary R. Wade
Trial Court Judge: Chancellor W. Frank Brown, III

An employee sustained various injuries in a motor vehicle accident. Her employer denied the claim for workers‘ compensation benefits, contending that because the employee was driving to her home from work, the injury was not compensable. The trial court awarded benefits, including permanent total disability, based upon its finding that at the time of the accident the employee was returning to her office after an employment-related client visit. The employer has appealed, raising several issues which primarily relate to whether the evidence presented was sufficient to support the trial court‘s findings. 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.

State of Tennessee v. John Frank Mullins
W2015-00916-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge R. Lee Moore, Jr.

Defendant, John Frank Mullins, pled guilty to theft of property valued over $1000 and was sentenced to eight years on Community Corrections. After a hearing, the trial court found that Defendant violated the terms of his Community Corrections sentence, revoked the Community Corrections sentence, and ordered Defendant to serve the remainder of his sentence in incarceration. On appeal, we affirm the decision of the trial court.

Kenneth A. Adams v. State of Tennessee
W2014-02160-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Kenneth A. Adams, appeals as of right from the Tipton County Circuit Court's summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in summarily dismissing his petition on the grounds that it was untimely filed. Discerning no error, we affirm the judgment of the post-conviction court.

Laquint Deco Holder v. State of Tennessee
M2015-00107-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl Blackburn

The Petitioner, Laquint Deco Holder, pleaded guilty to sale of less than .5 grams of cocaine in a drug-free zone, and the trial court entered the agreed sentence of six years to be served at 100%. The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel and that his guilty plea was unknowingly and involuntarily entered. After a hearing, the trial court dismissed the petition. On appeal, the Petitioner maintains that his counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. After review, we conclude that the post-conviction court did not err when it dismissed the Petitioner’s petition for post-conviction relief. We therefore affirm the judgment of the post-conviction court.

Mickel G. Hoback v. City of Chattanooga
E2014-01678-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Jeffrey M. Atherton

This case involves the 2009 termination of a city police officer's employment on grounds of unfitness for duty due to post-traumatic stress disorder suffered as a result of the officer's active military service while on leave from his employment. Following an administrative hearing in November 2009, the city council originally upheld the police chief''s termination of the officer's employment. The officer commenced this action in state court by filing a petition for writ of certiorari with the trial court. Upon hearing, the trial court found, inter alia, that the city council had incorrectly applied a statute, Tennessee Code Annotated § 38-8-106, which had been overruled by an agreed consent order previously entered into between the United States and the State of Tennessee. See United States v. Tennessee, Civil Action No. 1:98-1357. The trial court therefore reversed the city council's decision and ordered the officer's reinstatement with back pay. The city appealed to this Court. In a 2012 decision, this Court affirmed the trial court's finding regarding the incorrect application of Tennessee Code Annotated § 38-8-106 and remanded the case, directing the trial court to instruct the city council regarding the appropriate legal standard. See Hoback v. City of Chattanooga, No. E2011-00484-COA-R3-CV, 2012 WL 2974762 at *6 (Tenn. Ct. App. July 20, 2012). Following remand, the city council conducted a second hearing and again voted to uphold the prior termination of the officer's employment.

Kathleen N. Barrett, et al v. Thomas M. Chesney, MD
W2014-01921-COA-R9-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Robert Samual Weiss

This interlocutory appeal arises from a health care liability action and concerns the question of proper venue. Plaintiff filed her original lawsuit in Shelby County against the Appellants, a pathology group located in Shelby County. Appellants answered the complaint and raised, as an affirmative defense, the comparative negligence of Appellees, plaintiff's primary care physician and his employer, who are residents of Sumner County. Plaintiff then moved, under Tennessee Code Annotated Section 20-1-119, for leave to amend her complaint to add the Sumner County residents to the lawsuit. Leave was granted, and plaintiff filed an amended complaint under Tennessee Rule of Civil Procedure 15.01. Appellees answered the complaint and averred that venue was improper in Shelby County under Tennessee Code Annotated Section 20-4-101(b). Appellees asked for dismissal of the lawsuit; however, rather than dismissing the lawsuit, the Shelby County court transferred the case to Sumner County. Appellants appeal. We affirm and remand.

Marquette Houston v. State of Tennessee
W2014-02201-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Glenn Wright

The Petitioner, Marquette Houston, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his 2005 conviction for second degree murder and his twenty-five-year sentence. The Petitioner contends that the post-conviction court erred by denying him relief on his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court.

State of Tennessee v. Ryan Scott Haraway
M2014-02397-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl A. Blackburn

Pursuant to a plea agreement, the Defendant, Ryan Scott Haraway, pleaded guilty to four counts of aggravated burglary, one count of forgery, one count of theft of property, two counts of burglary of a motor vehicle, and three counts of assault. The total effective sentence was seven years with the trial court to determine the manner of service of the sentence. After a sentencing hearing, the trial court ordered the Defendant to serve his sentence in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court erred when it denied him an alternative sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.