Blake Bookstaff v. David Gerregano, Commissioner of Revenue, State of Tennessee
In this action, the Tennessee Department of Revenue (“the Department”) sought to collect unpaid franchise and excise taxes owed by a dissolved corporation from its former shareholder. The trial court entered a judgment in favor of the shareholder, determining that the Department could not collect on the assessments originally issued in 2008 and 2009 due to the six-year statute of limitations contained in Tennessee Code Annotated § 67-1-1429. The trial court also determined that the shareholder was not a “person” or “taxpayer” subject to franchise and excise taxes because those taxes are assessed solely against entities such as corporations. Finally, the trial court determined that the shareholder had no personal liability for the taxes owed by the dissolved corporation absent proof of a fraudulent conveyance. The Department timely appealed. Determining that the trial court erred in its construction and application of the applicable tax statutes, we reverse the judgment in favor of the shareholder. |
Knox | Court of Appeals | |
In Re: Ava B.
The parents in this action challenge inter alia, the juvenile court’s decisions regarding calculation of the parents’ income for child support purposes and the modification of the final co-parenting order. Because the evidence does not preponderate against the trial court’s findings, we affirm. |
Knox | Court of Appeals | |
Catherine J. Hollahan v. Tennessee Department of Health
An advanced practice nurse worked at three different testosterone clinics in the Memphis area and was charged with violating portions of the Nursing Practice Act and the rules and regulations governing nurses. The Tennessee Board of Nursing (the “Board”) held a hearing and determined that the evidence supported many of the alleged offenses. The Board revoked the nurse’s certificate to practice as an advanced practice nurse, revoked the nurse’s license to practice as a registered nurse in Tennessee and the multistate privilege to practice in any other party state, and assessed civil penalties against her that totaled $7,200. The nurse sought judicial review of the Board’s decision, and the trial court affirmed the Board’s decision. The nurse then appealed the Board’s decision to this court. Concluding that substantial and material facts support the Board’s findings, we affirm the Board’s decision. |
Davidson | Court of Appeals | |
Deborah Lacy v. MeHarry General Hospital, Et Al.
Plaintiff sued a physician, alleging that the physician’s handshake caused her injuries and that the physician failed to properly document her medical records. The trial court dismissed plaintiff’s claims for failure to comply with the pre-suit notice and certificate of good faith requirements of the Health Care Liability Act. We conclude that the claim of failure to properly document plaintiff’s medical records relates to the provision of, or failure to provide, health care services. Therefore, we affirm the dismissal of that claim for failure to comply with the Health Care Liability Act’s procedural requirements. But we conclude the trial court erred in dismissing plaintiff’s claim for injuries allegedly caused by the physician’s handshake. Thus, we affirm in part, reverse in part, and remand for further proceedings. |
Davidson | Court of Appeals | |
In Re: Autumn B. - CORRECTED
This is a child custody case. Mother appeals the trial court’s determination that Father should be designated as the child’s primary residential parent. Father requests attorney’s fees for defending this appeal. Discerning no error, we affirm the decision of the trial court. This Court deems the appeal frivolous and remands this matter to the juvenile court to determine attorney’s fees and costs to be awarded to Father. |
Hamilton | Court of Appeals | |
Danny E. Gilliam v. Frances A. Blankenbecler
This case involves the dismissal, on the basis of res judicata, of the plaintiff Danny Gilliam’s breach of contract case against the defendant Frances Blankenbecler. In an earlier case involving the same parties, the trial court dismissed the plaintiff’s complaint based upon his failure to comply with the court’s order to provide discovery responses. The order of dismissal in that first case did not state whether the dismissal was with or without prejudice. After the plaintiff refiled the same case, the trial court dismissed the case on the basis of res judicata. The plaintiff appeals. We affirm. |
Washington | Court of Appeals | |
C.W.H. v. L.A.S.
This is a custody case involving the minor children of unmarried parties. C.W.H. (hereinafter “Father”) and L.A.S. (hereinafter “Mother”) agreed to a modification of an existing parenting plan in 2013. Subsequently, Father learned information to which he was not privy during the settlement conference, namely, that Mother had relocated from her state of residence (Ohio) to Nevada with the parties’ minor children, where she was employed as a prostitute. Father filed a motion for an emergency temporary custody order and a temporary restraining order. Father prevailed in a hearing before the juvenile court magistrate and was designated as the primary residential parent. Mother requested a hearing before the juvenile court. Following a hearing, the juvenile court found a material change in circumstances and upheld the magistrate’s determination. Mother appealed to the Court of Appeals, which vacated and remanded the case for the juvenile court to conduct a best interest analysis. On remand, the juvenile court affirmed its earlier findings regarding a material change in circumstances and, in addition, concluded that changing the primary residential parent from Mother to Father was in the best interest of the children. Mother again appealed to the Court of Appeals, which concluded “that the evidence preponderate[d], in part but significantly, against the juvenile court’s factual findings,” reversed the juvenile court, and mandated that its order be carried out within twenty days. We granted Father’s application for permission to appeal pursuant to Tennessee Rule of Appellate Procedure 11 to decide, as set forth in Father’s application, whether “the Court of Appeals err[ed] in reversing the [juvenile court] and awarding Mother custody of the minor children” and whether “the Court of Appeals err[ed] in ordering the change in custody prior to an opportunity for the Father to appeal to this Court?” We answer both questions in the affirmative, reverse the decision of the Court of Appeals, and remand this matter to the juvenile court for further proceedings consistent with this opinion. |
Hamilton | Supreme Court | |
Dermon-Warner Properties, LLC v. Steve H. Warner
A member of a limited-liability company withdrew from the company with a deficit in his capital account. The company filed suit against the withdrawing member on the ground that he had an obligation to repay the deficit amount. The withdrawing member filed a counter-complaint arguing that the company was estopped from collecting the debt because the debt had been forgiven. Thereafter, the parties filed cross-motions for summary judgment. The trial court denied the withdrawing member’s motion and granted the company’s motion, finding that the withdrawing member failed to prove that the company forgave the debt. The withdrawing member appealed. We affirm the trial court’s decision. |
Shelby | Court of Appeals | |
State of Tennessee v. Guy Len Biggs
The defendant, Guy Len Biggs, pled guilty to aggravated perjury and fabrication of evidence in violation of Tennessee Code Annotated sections 39-16-703 and 39-16-503. For his respective crimes, the trial court imposed concurrent sentences of four and five years in the Tennessee Department of Correction. The trial court ordered the effective five-year sentence to run consecutively to a prior, twelve-year sentence for attempted second degree murder. On appeal, the defendant argues the trial court abused its discretion by ordering his present sentences to run consecutively to his prior sentence. The defendant also vaguely challenges the length and manner of service of his sentences for aggravated perjury and fabrication of evidence. Following our review of the briefs, the record, and the applicable law, we affirm the defendant’s four and five-year sentences to be served in confinement, consecutively to the twelve-year sentence for attempted second degree murder. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Glynn McCoy
The defendant, Jeffrey Glynn McCoy, appeals the total effective sentence of 12 years imposed for his Gibson County guilty-pleaded convictions of burglary and theft of property valued at $10,000 or more but less than $60,000, arguing that the trial court erred by imposing terms of 12 years and by ordering that he serve the effective sentence consecutively to a sentence previously imposed in South Carolina. Discerning no error, we affirm. |
Gibson | Court of Criminal Appeals | |
Travis Steed v. State of Tennessee
Travis Steed (“the Petitioner”) petitioned for post-conviction relief from his convictions of first degree felony murder, second degree murder, felony reckless endangerment, convicted felon in possession of a handgun, and attempted second degree murder. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner claims that he was denied effective assistance of counsel as a result of trial counsel’s failure to interview and call certain witnesses that the Petitioner contends were critical to his defense. After a thorough review of the appellate record and applicable law, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Michael Cobble, Et Al. v. Greene County, Tennessee, Et Al.
This appeal arises from a dispute over the grant of a zoning variance. Earl Scott Moore and Joetta Moore (“the Moores,” collectively) applied for a variance in order to build a carport at their home. The Moores’ neighbors, Michael Cobble and Lora Cobble (“the Cobbles,” collectively) opposed the requested variance. The Greene County Board of Zoning Appeals (“the BZA”) rejected the Moores’ application. The Moores submitted a second application, this time reducing their request by seven feet so as not to protrude into a public right-of-way. The BZA granted the Moores’ application for a variance. The Cobbles filed a petition for common law writ of certiorari in the Chancery Court for Greene County (“the Trial Court”). The Trial Court concluded that material evidence supported the BZA’s decision to grant the variance and dismissed the Cobbles’ petition. The Cobbles appealed to this Court. We affirm the Trial Court in its declining to hold that res judicata barred the Moores’ second application for a variance. We hold further that, because the Moore property is not distinguishable in any meaningful way, the BZA’s decision to grant a variance was not supported by material evidence. We affirm, in part, and reverse, in part, the judgment of the Trial Court. |
Greene | Court of Appeals | |
J.W. Causey v. State of Tennessee
The petitioner, J.W. Causey, appeals the denial of post-conviction relief from his 2013 Shelby County Criminal Court jury conviction of first degree murder, for which he received a sentence of life imprisonment. In this appeal, the petitioner contends only that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Turner
The Defendant, Kevin Turner, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to eight years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
James Clark Jr. v. State of Tennessee
The Petitioner, James Clark, Jr., appeals pro se from the Shelby County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. He contends that the coram nobis court erred in dismissing the petition. Upon review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven David Catalano
The Appellant, Steven David Catalano, entered a plea of nolo contendere to driving under the influence (DUI), reserving a certified question of law challenging whether a be-on-the-lookout report (BOLO) issued by a Brentwood police officer provided sufficient probable cause or reasonable suspicion to justify a Franklin police officer’s traffic stop of the Appellant’s vehicle. The State contends that the question presented is not dispositive; therefore, this court is without jurisdiction to consider the appeal. Upon review of the record and the parties’ briefs, we agree with the State and conclude that the appeal must be dismissed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Michael Nelson Hurt
Defendant, Michael Nelson Hurt, pled guilty to official misconduct and theft of property valued over $1000 and accepted an out-of-range sentence of six years’ probation. Defendant applied to the trial court for judicial diversion, which the trial court denied. On appeal, Defendant argues that the trial court erred in failing to consider all of the common law factors in determining Defendant’s suitability for diversion, resulting in a sentence that is disproportionately punitive. Upon our review of the record, we affirm the judgments of the trial court but remand the case for the entry of judgment forms on each charge that was disposed of by way of the plea agreement. |
Hamblen | Court of Criminal Appeals | |
Derrick Hussey, Et Al. v. Michael Woods, Et Al.
Tennessee Rule of Civil Procedure 60.02 allows a trial court to set aside a final judgment under certain circumstances, including when the judgment is void or “for any other reason justifying relief.” Here, a decedent’s mother, in her capacity as her unmarried son’s next of kin, filed a lawsuit seeking damages for his wrongful death. The case was settled and dismissed. Nearly twenty months later, the decedent’s alleged minor child filed a Rule 60.02 motion to set aside the order of dismissal and to be substituted as the plaintiff. The motion asserted that the child was the decedent’s next of kin and the proper party to pursue the wrongful death claim, based on the decedent’s execution of an acknowledgment of paternity and a Mississippi trial court order for support. The trial court denied the motion, finding it was not timely filed. The Court of Appeals vacated the trial court’s ruling, holding that the Rule 60.02 motion was not ripe for adjudication until the trial court conclusively established the child’s paternity. We find the Court of Appeals erred by focusing on issues surrounding the child’s paternity rather than reviewing the correctness of the trial court’s ruling on the Rule 60.02 motion. We hold that the trial court properly denied relief under Rule 60.02. The judgment of the Court of Appeals is reversed, and the judgment of the trial court is reinstated. |
Shelby | Supreme Court | |
Tressie G. Smith v. Michael Lee Smith
This appeal involves an unnecessarily lengthy and convoluted divorce proceeding. The appellant-wife argues that the trial court failed to properly classify and divide the parties’ marital property. Due to the lack of factual findings regarding the basis for the trial court’s marital property distribution, we vacate that portion of the judgment and remand the issue to the trial court for entry of appropriate findings of fact and conclusions of law. |
Hamilton | Court of Appeals | |
Antonio Leneal Simpson v. Bradley County, Tennessee
Appellant filed a complaint after he was terminated from his employment with the Bradley County, Tennessee Sheriff’s Department. The complaint alleges a violation of procedural and substantive due process rights under the Fourteenth Amendment to the United States Constitution, breach of contract, and violation of Tennessee Code Annotated section 38-8-304. The County filed a motion for summary judgment on various grounds and a second motion to dismiss on the basis that Appellant’s claims were barred by the one year statute of limitations. The trial court granted the County’s motion for summary judgment and by separate order granted the County’s motion to dismiss on the basis that the one year statute of limitations applied. We affirm. |
Bradley | Court of Appeals | |
Anthony D. Herron, Jr. v. Tennessee Department of Human Services, Division of Rehabilitation Services
Anthony D. Herron, Jr., a disabled army veteran, applied and was approved for vocational rehabilitation services through the Tennessee Department of Human Services, Division of Rehabilitation Services. During the course of developing a self-employment plan, the Division of Rehabilitation Services determined it had received insufficient information from Mr. Herron to merit further consideration of his self-employment plan. Mr. Herron administratively appealed, but after a hearing, the Department affirmed the decision of the Division of Rehabilitation Services. Mr. Herron then petitioned for judicial review in chancery court, which also affirmed the decision of the Division of Rehabilitation Services. Mr. Herron appeals. Upon review of the record, we affirm the judgment. |
Shelby | Court of Appeals | |
Tennison Brothers, Inc., et al. v. William H. Thomas, Jr.
This appeal involves parties with interests in neighboring properties who competed for the issuance of a billboard permit. Rather than waiting for the resolution of the administrative process that would determine which of the two applicants was entitled to a billboard permit, one party illegally constructed his billboard without a permit in the midst of the proceedings. Because of his action, the opposing party was unable to construct a billboard when the litigation ultimately ended in its favor. The party who prevailed in the administrative process and its landlord both obtained default judgments against the party who constructed the billboard based on claims of intentional interference with business relations and inducement to breach a contract. The trial court appointed a special master to calculate damages and adopted the master’s report in its entirety, awarding the landlord approximately $1.1 million and awarding the party who planned to construct the billboard $3.9 million, which included treble damages. We affirm and remand for further proceedings. |
Shelby | Court of Appeals | |
State of Tennessee v. Katherine Hart Collier
The State of Tennessee appeals the Maury County Circuit Court’s orders suppressing evidence and dismissing the indictment, which charged the Defendant with driving under the influence (DUI), DUI per se, violating the implied consent law, failure to maintain a motor vehicle within a lane of traffic, and violating the open container law. On appeal, the State contends that the trial court erred by granting the Defendant’s motion to suppress the blood alcohol concentration (BAC) evidence and by dismissing the indictment. We conclude that the trial court did not err by suppressing the evidence but that the court erred by dismissing the indictment in its entirety. Although we affirm the dismissal of the indictment count charging DUI per se, we remand the case to the trial court for reinstatement of the remaining charges in the indictment and for further proceedings. |
Maury | Court of Criminal Appeals | |
In Re Brianna B.
This appeal involves the termination of a father’s parental rights to his minor child. The father is currently serving an eleven-year prison sentence after pleading guilty to vehicular homicide, with the victim being the child’s mother. The child’s maternal aunt and uncle, who had been granted custody of the child, filed a petition to terminate the father’s parental rights. The trial court terminated the father’s parental rights upon finding by clear-and-convincing evidence that four grounds for termination were proven, and that termination was in the child’s best interest. The father appeals. We reverse the decision of the trial court as to three of the grounds for termination. However, we affirm the trial court’s decision as to one ground, and that termination of the father’s parental rights is in the child’s best interest. |
Hardin | Court of Appeals | |
State of Tennessee v. Jerry Dixon
The Defendant, Jerry Dixon, was convicted by a Sumner County Criminal Court jury of reckless endangerment, a Class A misdemeanor, for which he received a sentence of eleven months, twenty-nine days, with sixty days to be served in jail, 180 days to be served on house arrest, and the balance to be served on probation. See T.C.A. § 39-13-103 (2014). On appeal, he contends that the evidence is insufficient to support his conviction and that the trial court erred in excluding evidence of a witness’s prior inconsistent statement. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals |