Conserv Equipment Leasing, LLC v. Schubert Enterprises, LLC, Et Al.
The defendants in this action failed to timely answer the plaintiff’s complaint. Upon the plaintiff’s motion, the trial court entered judgment by default against the defendants. The defendants moved to set aside the default judgment. The trial court denied the motion to set aside. Because the trial court’s order lacked findings of fact and conclusions of law to explain its ruling, we vacate the trial court’s determination and remand for sufficient findings of fact and conclusions of law to facilitate appellate review. |
Cumberland | Court of Appeals | |
Edwin Orlando Millan v. State of Tennessee
The Petitioner, Edwin Orlando Millan, appeals from the Bradley County Criminal Court’s |
Court of Criminal Appeals | ||
In Re Landyn B.
This action involves the termination of a mother and father’s parental rights to their child. |
Court of Appeals | ||
Dr. David Bruce Coffey v. Buckeye Home Health Center, Inc.
A landlord appeals from the grant of summary judgment to a commercial tenant in the landlord’s breach of contract action. The lease contained a provision requiring the tenant to obtain fire insurance on the “Premises.” The trial court concluded that the lease failed to define the term “Premises” and that such failure rendered the fire insurance provision unenforceable. We reverse because we find the term “Premises” as used in the fire insurance provision to unambiguously refer to the space within the commercial building that the tenant rented and occupied during the lease. We further conclude that there is a genuine issue as to a material fact regarding whether it was possible for the tenant to obtain fire insurance on only the portion of the building which it rented and occupied. Consequently, we remand the case for further proceedings consistent with this opinion. |
Scott | Court of Appeals | |
City of Orlinda, Tennessee v. Robertson County, Tennessee et al.
The City of Orlinda filed a declaratory judgment action seeking to invalidate the Robertson County Planning Commission’s rezoning of property from “Agricultural Residential” to “Neighborhood Commercial,” alleging the rezoning was “illegal spot zoning” and was also procedurally deficient. The trial court affirmed the rezoning. Finding no error, we affirm the trial court. |
Robertson | Court of Appeals | |
State of Tennessee v. Jonathan Howell
Jonathan Howell, the Defendant, appeals as of right from the Shelby County Criminal |
Shelby | Court of Criminal Appeals | |
Reinhart Foodservice, LLC v. Navneet Patel
A restaurant supplier brought suit for breach of a guaranty. The guarantor admitted |
Rutherford | Court of Appeals | |
State of Tennessee v. Melvin Summerville
The Defendant, Melvin Summerville, was convicted in the Shelby County Criminal Court |
Shelby | Court of Criminal Appeals | |
In Re Clara A.
Mother appeals the trial court’s termination of her parental rights on the ground of severe |
Court of Appeals | ||
State of Tennessee v. Jeffrey Michael Davis
A Campbell County jury convicted the Defendant, Jeffrey Michael Davis, of one count of |
Campbell | Court of Criminal Appeals | |
Jeffrey Robinson, Et Al. v. City of Clarksville, Tennessee
The owners of a restaurant in downtown Clarksville sued the City of Clarksville for breach of contract, promissory estoppel, interference with business relationship, diminution of value of land, and a takings claim under 42 U.S.C. § 1983 for the City’s failure to construct an alleyway on property Plaintiffs sold the City. Plaintiffs also filed a claim for inverse condemnation alleging that the City’s construction of a sewer line encroached on their land. The trial court dismissed Plaintiffs’ claims for breach of contract, interference with business relationship, diminution of value of land, and section 1983 claim for failure to state a claim under Tenn. R. Civ. P. 12.02(6) and dismissed Plaintiffs’ promissory estoppel claim on summary judgment. After a jury trial on the inverse condemnation claim, the jury awarded Plaintiffs $8,335 for the value of land on which the sewer was built, and the trial court awarded Plaintiffs $30,000 in attorneys’ and paralegals’ fees. Plaintiffs appeal each of the dismissals, the measure of damages from the jury trial, and the award of attorneys’ and paralegals’ fees, among other things. We affirm the decisions of the trial court and decline to award Plaintiffs their attorneys’ fees on appeal. |
Montgomery | Court of Appeals | |
State of Tennessee v. David Chad Moss
Following the trial court’s revocation of his probation, Defendant, David Chad Moss, appeals arguing that the trial court failed to award him jail credit while incarcerated in Kentucky for an unrelated offense. Upon our review, we conclude that Defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b). Accordingly, the issue is waived and the appeal is dismissed. |
Maury | Court of Criminal Appeals | |
In Re Isabella G.
Taylor M. (“Mother”) and Caleb G. (“Father”) are the biological parents of Isabella G. (the “Child”). Mother and her current husband, David M. (“Stepfather”) petitioned the Chancery Court for Giles County (the “trial court”) for termination of Father’s parental rights in April of 2021, and for Stepfather to adopt the Child. As grounds for termination, Mother and Stepfather alleged abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to personally assume legal and physical custody of the Child. Following a bench trial, the trial court concluded that Mother and Stepfather failed to prove any statutory grounds for termination of Father’s parental rights. The trial court then concluded, however, that termination would have been in the Child’s best interests. Mother and Stepfather appealed to this Court. Because clear and convincing evidence establishes multiple grounds for termination of Father’s parental rights, and because clear and convincing evidence establishes that termination is in the Child’s best interests, we reverse. |
Giles | Court of Appeals | |
Ugenio DeJesus Ruby-Ruiz v. State of Tennessee
The Petitioner, Ugenio Dejesus Ruby-Ruiz, appeals the Davidson County Criminal Court’s |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Justine Welch
A Shelby County jury convicted the Defendant, Justine Welch, of first degree premeditated |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Yvette Adele Slee
In April of 2013, Defendant, Yvette Adele Slee, was convicted of aggravated child abuse and attempted first degree murder for suffocating the victim, Defendant’s eight-month-old child. She was sentenced to an effective sentence of 22 years in incarceration. Subsequently, in May of 2018, the victim died as a result of complications from injuries originally sustained by the aggravated child abuse. Defendant was then indicted for first degree felony murder, the subject offense of this direct appeal. After a bench trial, Defendant was found guilty as indicted. Defendant’s sole issue on appeal is whether her conviction for first degree felony murder violates double jeopardy. After a review of the record, the briefs, and applicable authorities, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Mark Stanton Jackson v. Bennett Jackson Burke
This is an appeal from the entry of an order of protection for stalking. The respondent |
Court of Appeals | ||
In Re Trenton B. Et Al.
This appeal involves a petition to terminate parental rights. The juvenile court found by |
Marshall | Court of Appeals | |
Ciera Besses v. James Killian
This case arises out of a vehicular accident between Ciera Besses (“Plaintiff”) and James |
Davidson | Court of Appeals | |
State of Tennessee v. Spencer L. Phillips
Spencer L. Phillips, Defendant, claims that the trial court abused its discretion by denying |
Robertson | Court of Criminal Appeals | |
Naconda Kathleen Webb v. William Danny Webb
A husband and wife divorced after a short marriage. The trial court awarded a |
Dyer | Court of Appeals | |
State of Tennessee v. Darrin Jeremiah Baker
The Defendant, Darrin Jeremiah Baker, appeals from his guilty pleaded convictions for |
Knox | Court of Criminal Appeals | |
John A. Gentry v. Speaker of the House
Plaintiff sues to enforce his perceived right to address the House of Representatives. Finding that the case is identical to a prior case in that it involves a court of competent jurisdiction, the same parties as a previous case, a prior final decision on the merits, and the same parties and cause of action, the trial court applied the doctrine of res judicata and dismissed the case. We affirm. |
Davidson | Court of Appeals | |
In Re Genesis B.
This appeal concerns the termination of a mother’s parental rights to her child. Jordan H. |
Court of Appeals | ||
State of Tennessee v. Shannon Leigh Smith
The defendant, Shannon Leigh Smith, appeals her Union County Circuit Court jury |
Union | Court of Criminal Appeals |