Laurel Tree II Homeowners Association Inc. v. Dora Wilson Moore
W2021-01275-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Valerie L. Smith

This appeal concerns a suit brought by a homeowner’s association to enforce a property
restriction contained in its declarations against a resident subject to the declarations. After
the filing of a motion for judgment on the pleadings by the homeowner’s association, the
trial court granted it relief and entered an injunction against the homeowner. The
homeowner appealed. We conclude that the trial court properly granted the homeowner’s
association’s motion for judgment on the pleadings and affirm the trial court’s judgment.

State of Tennessee v. Steven Ray Crockett
M2023-00388-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Barry R. Tidwell

The defendant, Steven Ray Crockett, appeals his Rutherford County Circuit Court jury conviction of aggravated robbery. On appeal, the defendant asserts that the evidence is insufficient to support his conviction and that the trial court erred by imposing a 12-year sentence, by ordering the sentence to run consecutively to his prior felony conviction from Virginia, and by accrediting only a portion of his pretrial time served in incarceration. Because the trial court’s imposition of consecutive sentencing was superfluous and because it failed to properly accredit the defendant’s pretrial jail credits, we reverse and remand for entry of a corrected judgment on these issues. We affirm the trial court’s judgment in all other respects.

Kisha Dean Trezevant v. Stanley H. Trezevant, III
W2021-01153-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Mary L. Wagner

This is the second appeal concerning the trial court’s distribution of the divorcing parties’ marital property.  Following a prior appeal, this matter was remanded to the trial court to, inter alia, value and equitably divide the assets and debts contained in the parties’ marital estate.  The trial court appointed a special master to complete these tasks.  At the beginning of the special master’s hearing, the parties entered into a stipulation agreement concerning the values of certain marital properties, including their associated debts.  Upon the conclusion of the special master’s hearing, the parties stipulated to the special master’s findings.  The trial court subsequently conducted an additional hearing and entered its own findings, which it relied upon to formulate an equitable division of the marital estate pursuant to Tennessee Code Annotated § 36-4-121(c).  The husband has appealed the trial court’s division of the marital estate, arguing that the court’s mathematical and other errors rendered the division of the marital estate inequitable.  Discerning no reversible error, we affirm the trial court’s judgment as modified herein.  We decline to award attorney’s fees to the wife on appeal.

State of Tennessee v. Danny R. Weld-Ebanks
M2022-01665-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Barry R. Tidwell

Defendant, Danny R. Weld-Ebanks, appeals the Davidson County Criminal Court’s revocation of judicial diversion.  He argues that the trial court relied on unnoticed grounds and abused its discretion in revoking his diversion.  The State concedes on both issues.  We agree that the trial court abused its discretion in revoking Defendant’s diversion and therefore vacate the judgment of the trial court and remand for a new revocation hearing.

Stoneybrooke Investors LLC v. Agness McCurry
E2023-01673-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge D. Kelly Thomas

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal

Matthew Swilley et al v. William Thomas et al
E2022-01801-COA-R3-CV
Authoring Judge: Judge Kristi Davis
Trial Court Judge: Judge Pamela Fleenor

Appellants Matthew Swilley ("Swilley") and Samuel Barr ("Barr") entered into two agreements to purchase mobile home parks from William Thomas ("Thomas"). The buyers had not secured financing in order to close on the originally agreed upon closing date. The seller granted the buyers a number of extensions of the closing date; however, the buyers were ultimately unable to obtain financing in time to close by any of the dates demanded by the seller. As a result, the seller rescinded the agreements and shortly thereafter sold the properties to unrelated third parties for a higher price than provided for in the agreements with Swilley and Barr. Swilley, Barr, and their purported assignee, SB Capital LLC ("SB Capital" or, together with Swilley and Barr,"Plaintiffs"), brought suit against the seller for breach of contract and for a declaratory judgment as to the proper disbursement of the earnest monies held in escrow. The trial court granted summary judgment in favor of the seller on Plaintiffs' breach of contract claim, finding that Plaintiffs were the first to materially breach the agreements. Discerning no error, we affirm the judgment of the trial court.

State of Tennessee v. Robert James Houston
M2022-00844-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Russell Parkes

A Giles County jury convicted the Defendant, Robert James Houston, of aggravated assault and simple assault, and the trial court sentenced him to a total effective sentence of ten years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After review, we affirm the trial court’s judgments.

State of Tennessee v. Denny Kentra Reynolds
M2022-01212-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Stella L. Hargrove

A Maury County Circuit Court jury convicted the defendant, Denny Kentra Reynolds, of possession of 26 grams or more of cocaine with the intent to sell, possession of one-half ounce to 10 pounds of marijuana with the intent to sell, and possession of drug paraphernalia. The trial court imposed an effective 12-year sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions, the trial court’s denial of his motion to suppress, and the length of his sentence. Upon review, we affirm.

Terrance Reese v. Frank Strada, Warden
M2023-00961-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Michael Wayne Collins

Terrance Reese,[1] Petitioner, appeals from the denial of his petition for habeas corpus relief, in which he alleged that he received an illegal sentence, that the trial court lacked subject matter jurisdiction, and that one of his convictions was void.  The habeas corpus court summarily dismissed the petition because the judgments were valid on their face and the trial court had jurisdiction over the offenses.  Petitioner appeals the dismissal of the petition.  We affirm the judgment of the habeas corpus court.

Louise Ann Sexton v. Michael Bryant Sexton
E2023-00136-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Richard Armstrong

The Chancery Court for Knox County ("the Trial Court") found in this divorce action that Michael Bryant Sexton ("Husband") was the sole owner of Furious Properties, LLC and that he had purchased two Knox County real properties and deeded thern to Furious Properties, LLC. The Trial Court accordingly found that the entire interest in Furious Properties, LLC constituted marital property subject to equitable division and awarded
the two Knox County properties to Louise Ann Sexton ("Wife"). The Trial Court ordered Husband or a representative of Furious Properties, LLC to convey the entire interest in the Knox County properties by quitclaim deed to Wife within thirty days of the entry of the judgment. Husband's issues relate primarily to the property division. To the extent the Trial Court awarded property of a non-party LLC to Wife, we reverse and remand for the Trial Court to clarify its award, while acknowledging that the Trial Court may have intended to award Husband's interest in Furious Properties, LLC, rather than the LLC's properties themselves, to Wife. We further modify the Trial Court's judgment to reflect that the Trial Court granted the parties a divorce on stipulated grounds and to remove language granting the parties a divorce on the ground of irreconcilable differences. We affirm the balance of the judgment. We deny Wife's request for attorney's fees on appeal.

Billy Taylor, IV v. State of Tennessee
E2023-00636-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Petitioner, Billy Taylor, IV, appeals the Knox County Criminal Court’s denial of his
petition for post-conviction relief challenging his guilty-pleaded convictions for two counts
of unlawful possession of a firearm by a convicted felon and one count of possession of
methamphetamine over one-half gram with the intent to sell. The Petitioner argues that
the post-conviction court erred by finding that he entered his guilty pleas knowingly and
voluntarily. Specifically, the Petitioner alleges that: (1) trial counsel was ineffective by
failing to explain that the plea agreement did not guarantee the Petitioner probation and
treatment at a substance abuse program and (2) he was under the influence of narcotics at
the time he pleaded guilty. Following our review, we affirm the judgment of the postconviction
court.

In Re Danielle V., et al.
W2023-01023-COA-R3-PT
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Clayburn Peeples

This appeal concerns termination of parental rights. The Tennessee Department of
Children’s Services (“DCS”) filed a petition in the Circuit Court for Gibson County (“the
Trial Court”) seeking to terminate the parental rights of Kristie C. (“Mother”), Jose O.
(“Father”), Jose H., and Giovani C. to the minor children D.V., G.V., J.C., H.V., K.O.,
A.V., C.O., and R.V. (“the Children,” collectively). After a hearing, the Trial Court
entered an order terminating Mother’s and Father’s parental rights to the Children based
on the ground of severe child abuse. The Trial Court found further that termination of
Mother’s and Father’s parental rights is in the Children’s best interest. Mother and Father
appeal. While conceding the ground of severe child abuse, they argue that the Trial Court
erred in its best interest analysis, which they say was inadequate. We find, as did the Trial
Court, that the ground of severe child abuse was proven against Mother and Father by clear
and convincing evidence. In addition, we find that the Trial Court’s findings of fact were
sufficient to underpin its best interest analysis, and that the evidence is clear and convincing
that termination of Mother’s and Father’s parental rights is in the Children’s best interest.
We affirm.

Brandon Vandenburg v. State of Tennessee
M2022-01548-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Monte Watkins

The Petitioner, Brandon Vandenburg, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for four counts of aggravated rape, one count of attempted aggravated rape, two counts of aggravated sexual battery, and one count of unlawful photography of the victim. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received ineffective assistance of counsel by (1) lead counsel’s failure to have a witness qualified as an expert psychiatrist at trial, (2) lead counsel’s failure to introduce prior bad act evidence regarding the Petitioner’s codefendants at trial, and (3) lead counsel’s failure to have the Petitioner’s voicemail to Mr. Quinzio admitted as an exhibit at trial. The Petitioner also raises freestanding post-conviction claims, arguing that the trial court violated the Petitioner’s protection against double jeopardy by (1) allowing him to be retried on amended charges after jeopardy had attached and (2) allowing the State to proceed with a superseding indictment without disposing of the original indictment. Following our review, we affirm the judgment of the post-conviction court.

Mickey Edwards v. State of Tennessee
W2023-00653-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Chris Craft

The Petitioner, Mickey Edwards, appeals from the denial of his petition for post-conviction
relief for his jury trial convictions for four counts of aggravated burglary, four counts of
theft of property, identity theft, and fraudulent use of a credit card, for which he is serving
an effective sixty-year sentence. On appeal, he contends that the post-conviction court
erred in denying relief on his ineffective assistance of counsel claim related to trial
counsel’s lack of objections to instances of alleged prosecutorial misconduct. He also
alleges a free-standing claim that he was denied a fair trial due to the alleged prosecutorial
misconduct. We affirm.

State of Tennessee v. Eric Bledsoe
W2023-00730-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Chris Craft

The Defendant, Eric Bledsoe, was convicted by a Shelby County Criminal Court jury of
aggravated rape, aggravated burglary, and felony theft, for which he is serving an effective
sixty-five-year sentence. He filed a motion to correct an illegal sentence pursuant to
Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed for
the failure to state a colorable claim. On appeal, he contends that the trial court erred in
denying relief. We affirm the judgment of the trial court.

Andrew Francis Tittle v. Deidre Lyn Deyoung Tittle
M2022-01299-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Joseph A. Woodruff

This is a divorce action in which the trial court awarded the wife a divorce based on the husband’s inappropriate marital conduct, divided the marital estate and awarded the wife, inter alia, child support as well as transitional alimony of $2,000 per month for four years, followed by $1,500 per month for two years, then $1,000 per month for two years, and $500 per month for two years. The court also awarded the wife alimony in solido of $50,000 as necessary spousal support and an additional $75,000 to defray the cost of most of her attorney’s fees. The husband appeals. We have determined that the record contains an inconsistency concerning the amount of the work-related childcare expenses the husband is required to pay, and it appears that the trial court failed to consider the husband’s obligation to pay work-related childcare costs in setting transitional alimony at $2,000 per month during the first four years, which additional expense appears to impair the husband’s ability to pay that amount. Accordingly, we vacate the award of child support and that portion of the transitional alimony award and remand these issues for reconsideration, taking into account, inter alia, the allocation of childcare expenses, the wife’s need, and the husband’s ability to pay. We affirm the trial court in all other respects. Both parties seek to recover the attorney’s fees and costs each incurred in this appeal. Exercising our discretion, we deny both requests.

In Re Estate of Adam Randall Wilson
W2023-00313-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Kyle C. Atkins

This appeal arises from a will contest. The circuit court entered summary judgment
upholding the will, finding no genuine issue of material fact existed as to its validity. The
contestant appeals. We affirm and remand to the probate court for further probate
proceedings.

Lisa Kelley, et al. v. Nathaniel Root, et al.
W2022-01625-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge J. Weber McCraw

The mother of a high school student involved in an altercation with the opposing basketball
team’s coach appeals the trial court’s grant of summary judgment to the coach and the
county board of education. Because the video footage of the altercation is open to more
than one interpretation, a genuine dispute of material fact remains as to the intention behind
the coach’s contact with the student and summary judgment is reversed as to the state law
assault and battery claims against the coach. The grant of summary judgment as to the
remaining claims against both the coach and the board is affirmed.

In Re Conservatorship of David William Milem
W2023-01743-COA-T10B-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Kathleen N. Gomes

This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B,
filed by the ward’s son, Paul Milem, seeking to recuse the trial judge in this case. Having
reviewed the petition for recusal appeal filed by Mr. Milem, and finding no error, we
affirm.

Henri Etta Brooks v. State of Tennessee
W2022-01340-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Commissioner James A. Hamilton, III

The Claims Commissioner dismissed the claimant’s claim due to lack of subject matter
jurisdiction. Discerning no error, we affirm.

Pejhman Ehsani v. Eugenia Michelle Ehsani
M2022-01819-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Phillip R. Robinson

This appeal arises from an order granting, among other discovery sanctions, a default judgment against Husband in a divorce proceeding. Husband questions whether the trial court abused its discretion in entering sanctions against him. Because the trial court did not engage in the necessary analysis regarding its reasoning for granting the discovery sanctions, we vacate the sanctions order, as well as the subsequent orders that followed, including the order granting the parties’ divorce. This disposition pretermits inquiry into issues Husband has raised on appeal with respect to trial court determinations that followed the sanctions. Moreover, as to a remaining matter raised by Husband on appeal, we conclude that the issue is waived due to Husband’s failure to comply with applicable briefing requirements.

Angela Askew v. Nicholas Askew
W2023-01700-COA-R3-CV
Authoring Judge: Per Curium
Trial Court Judge: Judge Mary L. Wagner

The notice of appeal in this case was not timely filed. Therefore, this Court lacks
jurisdiction to consider this appeal. The appeal is dismissed.

In Re: Attorney Russell E. Edwards
M2023-00986-CCA-WR-CO
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Dee David Gay

Attorney Russell E. Edwards seeks review of the trial court’s order granting his motion to be relieved as counsel for Sergio Bermudez, the defendant in the underlying case, and prohibiting Attorney Edwards from practicing in the Criminal Court for Sumner County. Upon review, we conclude that the trial court exceeded its authority by ordering Attorney Edwards be barred from practicing law in the Criminal Court for Sumner County. We therefore issue a writ of certiorari and order that the trial court’s order prohibiting Attorney Edwards from practicing in the Sumner County Criminal Court is vacated.

Auxin, LLC et al. v. DW Interests, LLC et al.
M2022-01087-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Jonathan L. Young

This appeal concerns a claim for declaratory judgment and counterclaims for intentional misrepresentation and breach of contract arising from a series of agreements related to the development of a hotel and conference center in Cookeville, Tennessee. The developed property was to be owned by a limited liability company, and the plaintiffs sought a declaration that they had a right to buy the defendants’ interest in that company pursuant to an option in the operating agreement, which was to become effective upon a determination that the hotel project could not be completed with two identified, adjoining pieces of property. For their part, the defendants sought awards of compensatory and punitive damages based on allegations that the plaintiffs misrepresented their ability and intent to assist with financing and development tasks and then failed to perform those tasks as required by the parties’ development agreement. After the defendants filed their answer and counter-complaint, the plaintiffs moved for judgment on the pleadings based, in principal part, on the “undisputed” fact that the real estate purchase agreement for one of the two development properties had terminated. The plaintiffs also moved to dismiss the defendants’ intentional misrepresentation counterclaim for failure to state the allegations of fraud with particularity. But after the motions were filed and before they were heard, the defendants filed an amended answer with leave of the court in which they denied that the real estate purchase agreement had been properly terminated and asserted more particularized facts in support of their misrepresentation counterclaim. Nonetheless, the trial court granted the plaintiffs’ motions, declared that the real estate purchase agreement had been terminated, and dismissed the misrepresentation counterclaim. The plaintiffs then filed a motion to dismiss or for summary judgment on the remaining counterclaim for breach of contract, along with a motion for judicial notice of several public records. The trial court granted the motion under Rule 12.02 and, in the alternative, Rule 56. The defendants appeal. We vacate the trial court’s ruling that the plaintiffs were entitled to judgment on the pleadings because the defendants denied that the real estate purchase agreement had been properly terminated. But we affirm the dismissal of the misrepresentation counterclaim because the defendants failed to allege facts to establish the elements of their claim. We also affirm the trial court’s denial of the motion to continue because the record shows that the defendants were dilatory in prosecuting their contract claim. But we disagree with the court’s decision to take judicial notice of two newspaper articles, and we vacate the trial court’s ruling that the plaintiffs were entitled to dismissal of the contract counterclaim under Rule 12.02 and Rule 56. Thus, the decision of the trial court is vacated in part and affirmed in part, and this matter is remanded for further proceedings consistent with this opinion.

Ronald P. Ellis v. State of Tennessee
W2023-00203-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Johnson Mitchell

Ronald P. Ellis, Petitioner, sought post-conviction relief based on ineffective assistance of
counsel after this Court affirmed his first degree murder conviction. State v. Ellis, No.
W2017-01035-CCA-R3-CD, 2018 WL 4584124, at *1 (Tenn. Crim. App. Sept. 21, 2018).
The post-conviction court denied relief. Petitioner appealed, arguing that trial counsel was
ineffective for failing to include proof in the motion to suppress his statement to authorities
about whether Petitioner was brought before a judge or magistrate before making his
statement and whether Petitioner’s cognitive abilities prevented him from adequately
waiving his rights. Because the evidence does not preponderate against the post-conviction
court’s findings and conclusions, we affirm the judgment of the post-conviction court.