Tennessee Department of Health Et Al. v. Norma J. Sparks
The Department of Health reprimanded and issued civil penalties against a physician assistant for prescribing controlled substances under the supervision of a physician who lacked DEA registration, failing to register with the Controlled Substances Monitoring Database (“CSMD”), and failing to check the database prior to prescribing controlled substances. On a petition for review, the chancery court reversed the Department’s decision. We conclude that the Department’s interpretation of the Physician Assistants Act is contrary to law and improperly places the duty on the physician assistant to determine whether a supervising physician is in compliance with an unwritten requirement that the physician be registered with the DEA to be able to supervise a physician assistant who prescribes controlled substances. Furthermore, the record does not contain substantial and material evidence that the Department provided the physician assistant with the statutorily-required notice that either registration with the CSMD or checking with the CSMD was required. We affirm the decision of the chancery court in all respects. |
Davidson | Court of Appeals | |
Zachary Ronald Wright v. Angelene Hope Wright
After father engaged in abusive conduct, mother petitioned for an order of protection. The trial court granted an ex parte order precluding father from contacting mother and their two minor children and set a hearing. Following a bench trial, the trial court held that the minor children were domestic abuse and sexual assault victims; it extended the order of protection for one year. The court permitted father supervised visitation with his biological daughter once every other week, and awarded mother child support. The court deviated from the amount of support required by the child support guidelines, and instead awarded mother $200 per week. The court did not state the amount of support that would have been ordered under the guidelines nor a justification for the variance. Father appeals. We affirm the extension of the order of protection for one year. We vacate the portion of the trial court’s order requiring father to pay excess child support, and remand to the trial court with instructions to make the requisite findings, pursuant to applicable law, and consistent with this opinion. |
Hamilton | Court of Appeals | |
Jeremy Ash v. Jaclyn Ash
This appeal arises from a post-divorce dispute over child custody wherein the father filed a petition to modify the permanent parenting plan. Following a hearing in October 2017, the Trial Court found that a material change in circumstance existed and implemented a temporary parenting plan, determining that plan to be in the child’s best interest. Thereafter in April 2018, the Trial Court converted that temporary parenting plan into a permanent parenting plan upon its determination that the temporary plan appeared to be working satisfactorily. Mother appeals to this Court. Because the Trial Court did not conduct a best interest analysis or make the required statutory finding of best interest, we vacate the April 2018 judgment of the Trial Court and remand for further proceedings as necessary. We affirm the Trial Court in all other respects. |
Davidson | Court of Appeals | |
Alan Cartee v. Dale Morris, Et Al.
The plaintiff filed a premises liability action against a premises owner alleging that the premises owner was liable for injuries the plaintiff sustained after falling down a staircase located on the premises owner’s property. The trial court denied the premises owner’s motion for summary judgment but granted permission to pursue an interlocutory appeal. Because the plaintiff failed to present sufficient evidence of an essential element of his claim, we reverse the decision of the trial court. |
Davidson | Court of Appeals | |
Jennifer Doe v. Austin Davis
The plaintiff, who is now an adult, filed this action against Austin Davis seeking compensatory and punitive damages for intentional invasion of privacy and defamation. The plaintiff also sought to enjoin Mr. Davis from further intrusion into her private life by posting to social media statements regarding her childhood sexual molestation as well as the private details of her life and childhood. After two years of Mr. Davis’s refusal to submit to any discovery on any subject and refusal to obey an order compelling discovery, the parties appeared before a special master for a case management conference. During this meeting, Mr. Davis unequivocally informed the Special Master that he had no intention of providing responses to any of the plaintiff’s discovery. Two weeks later, Mr. Davis responded to the plaintiff’s renewed motion to compel discovery by reiterating his refusal to provide responses, stating: “[T]he Defendant does not wish to provide any Discovery information to anyone voluntarily or involuntarily involved in the [sexual abuse] cover up.” Mr. Davis reaffirmed this declaration in open court during the hearing on the renewed motion for sanctions. Following the hearing, the trial court granted the motion for sanctions and awarded the plaintiff a default judgment on all issues concerning liability. After a trial on the issue of damages, the jury returned a verdict awarding the plaintiff $300,000 in compensatory damages and $1,800,000 in punitive damages. The trial court adopted both awards in its final judgment, and this appeal followed. The brief filed by Mr. Davis in this appeal is profoundly deficient and fails to comply with Rule 27(a) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee. Specifically, his Statement of the Case and Statement of Facts are littered with a series of nonsensical, illogical statements unrelated to the merits of this appeal. Moreover, the Argument section of his brief fails to set forth any contentions with respect to the issues presented, and the reasons therefore, including the reasons why the contentions require appellate relief, with citations to the authorities and appropriate references to the record as required by Rule 27(a)(7)(A) of the Tennessee Rules of Appellate Procedure. In fact, the entire Argument, which is less than one page, merely contains a restatement of the issues and the statement that Mr. Davis relies on this “court’s ability to exercise ‘sua sponte’ authority in the best interest of justice, and to protect children.” Based on Mr. Davis’s profound failure to comply with Rule 27(a) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, Mr. Davis has waived his right to an appeal. Accordingly, this appeal is dismissed. |
Davidson | Court of Appeals | |
Jennifer Doe v. Austin Davis - Dissenting
Upon reading the majority opinion, both what is said and what is left unsaid, one may sum it up as follows: Mr. Davis is at fault, he did not follow the rules, and he is getting what he deserves. Mr. Davis may indeed deserve what the majority is giving him, but not in the way they do it. I respectfully dissent. |
Davidson | Court of Appeals | |
Horizon Trades, Inc. v. Aubrey Givens, Et Al.
This is an appeal from an order dismissing the plaintiff’s complaint as to one of two defendants. Because the order appealed does not dispose of all the plaintiff’s claims, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | |
Steven Padgett King v. State of Tennessee
Petitioner, Steven Padgett King, appeals the dismissal of his petition for post-conviction relief, in which he sought application of the rule announced in Ward v. State, 315 S.W.3d 461 (Tenn. 2010). We reverse the judgment of the post-conviction court and remand to the post-conviction court for a new evidentiary hearing to determine whether Petitioner is entitled to relief pursuant to Ward. |
Montgomery | Court of Criminal Appeals | |
Twenty Holdings, LLC v. Land South TN, LLC and Brandon Majors
Plaintiff sued defendant-company and its employee for damages to its real property when the defendant-company’s tractor-trailer collided with the plaintiff’s residential properties while the truck was unmanned. The plaintiff raised claims of negligence, gross negligence, recklessness, trespass, negligent hiring, negligent entrustment, and punitive damages. A jury trial occurred, and the trial court granted the defendants’ motion for a directed verdict as to all but the plaintiff’s negligence claim. The jury later awarded the plaintiff $185,000.00 for the diminution in value to the real property. Both parties appealed. Discerning no reversible error, we affirm. |
Davidson | Court of Appeals | |
In Re Janiyah J. Et Al.
This action involves the termination of a father’s parental rights to his minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the statutory ground of severe child abuse and that termination was in the best interest of the children. We affirm. |
Hamilton | Court of Appeals | |
Reginald Lamon Goldsmith v. State of Tennessee
The Petitioner, Reginald Lamon Goldsmith, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court abused its discretion in failing to appoint post-conviction counsel and summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred and conclude that the Petitioner has waived his due process claim. |
Davidson | Court of Criminal Appeals | |
Jessica Hartmann v. Brian Hartmann
This is an appeal in a proceeding to modify an agreed parenting plan, which was incorporated into a decree when Mother and Father finalized their divorce in Arizona in 2016. Prior to the entry of the decree, the Mother and their three minor children moved to Montgomery County, Tennessee, with Father’s consent when he obtained temporary employment in Kuwait. The agreed parenting plan provided that by July 15, 2017, Mother, Father, and the children would relocate to a mutually agreed upon location or, in the event a location could not be agreed upon, to either Raleigh, North Carolina, Norfolk, Virginia, or Augusta, Georgia. Upon his return from Kuwait in June 2017, Father moved to Augusta, Georgia. Mother petitioned the Circuit Court of Montgomery County to modify custody in October 2017; Father counter-petitioned for contempt and enforcement of the Arizona decree. After a hearing, the court enrolled the Arizona decree, found that there was a material change of circumstance requiring modification of the decree, adopted a parenting plan submitted by Mother, and modified Father’s child support. Father appeals; upon our review we have determined that the evidence does not support the court’s a finding of a material change of circumstance. Accordingly, we reverse the judgment and remand the case for entry of an order that the children be relocated in accordance with the final decree. |
Montgomery | Court of Appeals | |
Stephny Young, et al. v. Paxton V. Dickson, M.D.
A Tennessee Supreme Court Rule 10B petition for recusal appeal was filed in this Court after the trial court denied a motion for recusal. For the reasons stated herein, we reverse the trial court’s denial of the motion and remand the case for reassignment to a different judge. |
Shelby | Court of Appeals | |
State of Tennessee v. Raymond Watison
The defendant, Raymond Watison, appeals his Shelby County Criminal Court jury conviction of first degree premeditated murder, claiming that the trial court erred by denying his motion to suppress the statements he gave to the police following his arrest, that the trial court erred by admitting certain testimony in violation of evidence rule 404(b), that the trial court erred by permitting the State to admit the defendant’s statements as rebuttal evidence, that the State knowingly presented false testimony, that the evidence was insufficient to support his conviction, that the prosecutor impermissibly misled the jury during closing argument, and that the cumulative effect of the errors deprived him of a fair trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Nina Villalba Et Al. v. Ciara McCown
In this personal injury action arising from an automobile accident, the trial court granted summary judgment in favor of the defendant upon finding that the plaintiffs had failed to demonstrate service of process in the originally filed action, which had been dismissed, such that the plaintiffs’ refiled action was barred by the applicable statute of limitations. The plaintiffs have appealed. Having determined that, pursuant to the version of Tennessee Rule of Civil Procedure 4.04(11) in effect at the time that the initial complaint was filed, the plaintiffs demonstrated valid service of process of the initial complaint, we reverse the grant of summary judgment to the defendant and grant partial summary judgment to the plaintiffs concerning the affirmative defenses of ineffective service of process and expiration of the statute of limitations. We remand this action for further proceedings consistent with this opinion. |
Hamilton | Court of Appeals | |
In Re Chivon G.
This is a termination of parental rights case, focusing on the minor child of the mother/appellant. The child was placed in the legal custody of the petitioner/appellee on November 8, 2016, based upon the trial court’s finding that the child was dependent and neglected while in the mother’s care. On June 7, 2018, the petitioner filed a petition to terminate the parental rights of the mother. Following a bench trial, the trial court found that statutory grounds existed to terminate the parental rights of the mother upon its finding by clear and convincing evidence that (1) the mother had abandoned the child by willfully failing to provide financial support and (2) the conditions leading to the child’s removal from the mother’s home persisted. The court further found by clear and convincing evidence that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed. Having determined that the statutory ground of persistence of the conditions leading to removal was not proven by clear and convincing evidence, we reverse the trial court’s finding as to this ground. We affirm the trial court’s judgment in all other respects, including the termination of the mother’s parental rights to the child. |
Knox | Court of Appeals | |
State of Tennessee v. Clarence Reed Julian
Defendant, Clarence Reed Julian, pled guilty to criminal simulation in exchange for a sentence of two years as a Range II, multiple offender with the manner of service of the sentence to be determined after a sentencing hearing. At the hearing, the trial court denied an alternative sentence, ordering Defendant to serve the sentence in incarceration. Defendant appeals. After a review, we determine there is a clerical error in the judgment form. The judgment form wrongly designates Defendant as a Range I, standard offender and the technical record indicates that Defendant, as a Range I offender, has already received the benefit of Determinate Release from the Department of Correction. We remand for entry of a corrected judgment form, designating Defendant as a Range II, multiple offender, requiring Defendant to complete his sentence as such an offender. Otherwise, we affirm the trial court’s denial of alternative sentencing. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Douglas Wayne Jackson
A Montgomery County Grand Jury indicted the Defendant with second degree murder (count one), vehicular homicide (count two), aggravated assault (count three), failure to complete boating safety certification (count four), and operating a motorboat without a valid identification number (count five). Pursuant to a plea agreement, the Defendant entered a guilty plea to reckless homicide, a lesser included offense of second degree murder (count one). The plea agreement further provided that the Defendant plead guilty as a Range II, multiple offender pursuant to Hicks v. State, 945 S.W.2d 706, 709 (Tenn. 1997) (holding that a knowing and voluntary guilty plea waives any irregularity as to offender classification or release eligibility), with the trial court to determine the length and manner of service of his sentence. In exchange for the Defendant’s plea of guilty, the State agreed to dismiss the remaining counts in the indictment. Following a sentencing hearing, the trial court imposed a sentence of five-years’ imprisonment. Ten days later, the Defendant filed a motion to modify his sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Following a second hearing, the trial court denied relief and imposed the same sentence. In this appeal as of right, the Defendant argues that the trial court erred in sentencing the Defendant and in failing to grant his Rule 35 motion to modify the sentence. Upon our review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Samuel Winkfield v. State of Tennessee
The Petitioner, Samuel Winkfield, appeals the Madison County Circuit Court’s summary dismissal of his petition for a writ of error coram nobis from his second degree murder and tampering with evidence convictions, for which he received an effective sentence of twenty-five years. We affirm the judgment of the coram nobis court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Raymon Muhammad
The defendant, Raymon Muhammad, appeals his Shelby County Criminal Court jury conviction of first degree murder, challenging the sufficiency of the convicting evidence. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Devin Whiteside v. State of Tennessee
The petitioner, Devin Whiteside, appeals the denial of his petition for post-conviction relief, which petition challenged his guilty-pleaded convictions of aggravated robbery, alleging that his guilty pleas were invalid because he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dominique Alexander Booker
In 2017, the Defendant, Dominque Alexander Booker, pleaded guilty to three counts in two separate cases, and the trial court sentenced him to a probationary sentence. In 2018, the Defendant’s probation officer filed a probation violation warrant alleging that the Defendant had violated his probation by committing assault and vandalism and by not notifying his probation officer of the new offenses. After an evidentiary hearing, the trial court revoked the Defendant’s probation sentences for both cases. On appeal, the Defendant contends that the trial court erred when it admitted into evidence the police officer’s recount of the victim’s statements about the assault as an excited utterance over the Defendant’s hearsay objection. After review, we affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
In Re Brenlee F.
This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the statutory grounds of abandonment by her (1) failure to visit; (2) failure to support; and (3) conduct that exhibited a wanton disregard for the child’s welfare. The trial court also found that termination was in the best interest of the child. We reverse the trial court on its finding that the mother abandoned the child by failing to remit support. We affirm the trial court on all other rulings. |
Anderson | Court of Appeals | |
Johnny Alan Howell Et Al. v. Nelson Gray Enterprises Et AL.
This appeal involves a motorcycle/vehicle collision that occurred when a vehicle exited from a restaurant parking lot and collided with the plaintiffs’ motorcycle on a public highway. The plaintiffs filed a negligence and premises liability claim against the property owner, the restaurant owner, and the franchisee. The trial court granted the defendants’ motion for summary judgment and noted that the defendants did not owe a duty of care to the plaintiffs, effectively negating an essential element of the plaintiffs’ claim. The plaintiffs appeal. We affirm the grant of summary judgment by the trial court. |
Johnson | Court of Appeals | |
In Re Matasia R. Et Al.
This action involves the termination of a father’s parental rights to his minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the statutory ground of abandonment by an incarcerated parent. The court further found that termination was in the best interest of the children. We affirm. |
Hamblen | Court of Appeals |