Brenda Smith d/b/a Sugar Creek Carriages v. David Gerregano, Commissioner of the Tennessee Department of Rec
M2022-00941-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Patricia Head Moskal

The Tennessee Department of Revenue issued a tax assessment against a horse-drawn carriage company pursuant to Tenn. Code Ann. § 67-6-212(a)(2). The carriage company filed a complaint in the chancery court challenging the tax assessment on two grounds: (1) that its carriage rides did not constitute a place of amusement under the statute and (2) that its equal protection rights had been violated because no other carriage companies had been assessed the tax. Both parties filed motions for summary judgment. The court granted the Tennessee Department of Revenue’s motion for summary judgment and denied the carriage company’s motion for summary judgment. Discerning no reversible error, we affirm the chancery court’s decision.

Westfield Group Insurance A/S/O David & Carol Neiger v. Tiffany Embry
M2022-01301-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Joseph P. Brinkley, Jr.

In this appeal, a defendant asserts that the trial court erred when it granted the plaintiff’s motion to voluntarily dismiss its complaint while the defendant’s motion to dismiss and for attorneys’ fees was pending.  We hold that a pending motion to dismiss does not preclude the plaintiff from voluntarily dismissing its case pursuant to Tenn. R. Civ. P. 41.01.  Likewise, the defendant’s request for attorneys’ fees did not create a “vested right” preventing the plaintiff from voluntarily dismissing its case.  The ruling of the trial court is affirmed.

Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al.
W2019-02089-SC-R11-CV
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge JoeDae L. Jenkins

The economic loss doctrine generally precludes a contracting party who suffers only
economic losses from recovering damages in tort. In Tennessee, the application of this
doctrine is limited to products liability cases. In this appeal, we consider whether the
economic loss doctrine should be expanded to apply outside the products liability context.
A jury awarded compensatory and punitive damages to a drywall subcontractor in a suit
against a general contractor under theories of breach of contract and tort. The Court of
Appeals applied the economic loss doctrine to preclude the recovery of damages in tort in
a suit between sophisticated commercial entities. The intermediate court, in part, affirmed
the award of compensatory damages for breach of contract, dismissed the tort claim, and
reversed the award for punitive damages. We hold the economic loss doctrine only applies
in products liability cases and should not be extended to other claims.

State of Tennessee v. Eric Martell Small
W2022-01349-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge A. Blake Neill

The Defendant, Eric Martell Small, was convicted by a Tipton County jury of evading
arrest in a motor vehicle endangering others, a Class D felony; driving while license
revoked, a Class A misdemeanor; violation of the financial responsibility law, a Class C
misdemeanor; and violation of the open container law, a Class C misdemeanor. On appeal,
the Defendant argues that the trial court erred in admitting hearsay testimony and that the
evidence is insufficient to sustain his convictions. Based on our review, we affirm the
judgments of the trial court.

Aziz Kherani Et Al. v. Raj Patel Et Al.
E2022-00983-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Clarence E. Pridemore, Jr.

This is a breach of contract action involving an agreement for purchase and sale of
improved real property. Upon the sellers’ motion for summary judgment and following a
hearing, the trial court granted summary judgment in favor of the sellers. Following an
evidentiary hearing to determine damages, the trial court entered a judgment directing the
buyers to pay $45,000 in compensatory damages and $15,000 in attorney’s fees. The
buyers have appealed. Determining that genuine issues of material fact preclude
summary judgment, we reverse.

In Re Conservatorship of James Steele
E2022-00840-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Pamela A. Fleenor

The appeal arises from a conservatorship proceeding. At issue is whether the trial court
erred by quashing the appellant’s subpoena of the conservator’s records on the basis of res
judicata, rendering the document subpoena moot as a matter of law. We have determined
that a final judgment had not been rendered on the merits concerning the services rendered
by the conservator; thus, res judicata was not applicable. Accordingly, the judgment of the
trial court is reversed, and this matter is remanded for further proceedings.

Fred Austin Wortman, III v. State of Tennessee
W2023-00017-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James Jones, Jr.

Petitioner, Fred Auston Wortman, III, appeals the summary dismissal of his petition
seeking post-conviction relief from his 2015 guilty-pleaded conviction for attempted first
degree murder, arguing that the post-conviction court incorrectly concluded that the
Petition was time-barred. After our review of the record, we reverse and remand the case
to the post-conviction court. On remand, the post-conviction court should appoint counsel,
if necessary; provide an opportunity for counsel to amend the Petition; and conduct a
hearing to make findings of fact and conclusions of law relative to due process tolling of
the statute of limitations.

Larry Inman v. Cindy Craven Inman
W2022-01056-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor Gadson W. Perry

This appeal stems from a lawsuit over a void marriage. Larry Inman (“Plaintiff”) sued
Cindy Craven Inman (“Defendant”) for divorce in the Circuit Court for Shelby County
(“the Circuit Court”). However, it emerged during the lawsuit that Defendant never
divorced her previous spouse. The Circuit Court entered an agreed final order holding that
the parties’ marriage was void and dismissing the complaint. Plaintiff later sued Defendant
in the Chancery Court for Shelby County (“the Trial Court”) asserting various causes of
action stemming from his being misled into believing he was married. Defendant filed a
motion to dismiss, which the Trial Court granted on res judicata grounds. Plaintiff appeals.
Plaintiff could have asserted his claims in the previous divorce lawsuit, but he did not.
Thus, the doctrine of res judicata bars Plaintiff’s claims. We affirm.

State of Tennessee ex rel. Andrea Gutierrez v. Lane Baggett
. M2022-01658-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Adrienne Gilliam Fry

In this post-divorce case, Father appeals the trial court’s grant of sole decision-making authority over the Children’s non-emergency health care and religious decisions to Mother. Mother requests attorney’s fees incurred on appeal. Because there is no evidence to support an award of sole decision-making authority over religious decisions, we reverse the trial court’s order awarding Mother same. The trial court’s order is otherwise affirmed, and Mother’s request for appellate attorney’s fees is denied.

In Re Estate of Willis Seeber
E2022-01476-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Rex Alan Dale

This appeal arises from a dispute over the estate of Mrs. Willie Seeber. Mrs. Seeber left a purported Last Will and Testament executed in 2021,which the personal representative named therein has offered to the Probate Court for Loudon County for solemn form probate. However, various family members and friends of Mrs. Seeber seek to challenge this will and allege Mrs. Seeber lacked testamentary capacity and was unduly influenced to execute the will. The contestants rely upon earlier testamentary documents to establish standing to bring a will contest. The proponent appeals an order of the probate court holding the contestants have standing to bring a will contest. We hold the probate court did not err in its various findings and affirm the judgment of the probate court. This case is remanded for further proceedings.

State of Tennessee v. Mario Deshon Murray
M2022-01525-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant, Mario Deshon Murray, pleaded guilty to unlawful possession of a firearm after being convicted of a felony involving violence, and the trial court imposed a sentence of fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing, in misapplying mitigating factors, and in imposing consecutive sentences. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Tyrell Webb
W2023-00195-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge A. Melissa Boyd

The defendant, Tyrell Webb, pleaded guilty to rape, and the trial court imposed a sentence
of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the
defendant argues the trial court erred in denying his request for probation and in restricting
cross-examination of the victim. After reviewing the record and considering the applicable
law, we affirm the judgment of the trial court. However, we remand the case for entry of
judgments reflecting the dismissal of counts two and three.

Janette C. Gates v. Hans M. Switzer
M2021-01552-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Phillip R. Robinson

During the pendency of a divorce, Wife was convicted of one count of criminal contempt. Wife filed a notice of appeal subsequent to this conviction. Before Wife’s initial appeal was heard, the trial court entered its order granting the parties a divorce. Wife filed another notice of appeal challenging the outcome of the divorce. We consolidated the respective appeals, and now, upon our review, we affirm the judgment of the trial court in both the contempt and divorce proceedings.

Jim Hysen v. T.A. Smythe
M2022-00816-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Joseph A. Woodruff

Because the notice of appeal was untimely, this Court lacks subject-matter jurisdiction over the appeal. Appeal dismissed.

Judie Snipes v. Skin Cancer & Cosmetic Dermatology Center P.C. Et Al.
E2023-00386-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge John B. Bennett

This is an appeal from a final order entered on February 10, 2023. The Notice of Appeal
was not filed with the Appellate Court Clerk until March 14, 2023, more than thirty days
from the date of entry of the order from which the appellant is seeking to appeal. Because
the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

Teresa Thompson Locke et al. v. Jason D. Aston, M.D. et al.
M2022-01820-COA-R9-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Amanda J. McClendon

This is a health care liability action filed by a patient and her husband alleging serious injury as a result of surgery. The plaintiffs learned that the defendants had taken surveillance videos and sought discovery of those videos. The trial court allowed discovery of only the videos that the defendants intended to use at trial for impeachment purposes. The trial court gave the plaintiffs permission to seek an appeal under Tenn. R. Civ. P. 9. This Court granted the appeal. We affirm the trial court’s decision.

State of Tennessee v. William Michael Bowers
M2022-00949-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Stella L. Hargrove

A Maury County jury convicted the Defendant, William Michael Bowers, of vehicular homicide by intoxication, a Class B felony, and driving under the influence, a Class A misdemeanor. The Defendant appeals, contending that (1) the trial court violated his right to confrontation by allowing a witness to testify via video rather than in person; and (2) the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court.

State of Tennessee v. William Michael Bowers
M2022-00949-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Stella L. Hargrove

I must respectfully disagree with the conclusion reached by the majority in holding
the Appellant properly preserved the issue of whether the trial court violated his right to
confrontation by allowing a witness to testify via Zoom rather than in person. I believe the
Appellant has waived the confrontation clause issue for failure to specify at trial whether
he was objecting based on the federal constitution,1 the state constitution,2 or both. Given
the lack of a properly developed record, I would have concluded that the issue was not
entitled to plenary review and declined review for plain error. Accordingly, I dissent.

Gresham, Smith and Partners v. Middleburg Real Estate Partners, LLC
M2021-01459-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Patricia Head Moskal

In this breach of contract dispute between an engineering consulting firm and a real estate development company, we review the trial court’s holding that the real estate development company breached the contract between the parties as well as the court’s award of attorneys’ fees to the engineering consulting firm. We affirm the court’s decision in all respects. Because the parties’ agreement states that the prevailing party in litigation arising from or related to the contract shall be entitled to attorneys’ fees and costs, we remand the case to the trial court with instructions for the trial court to award the engineering firm its reasonable and necessary attorneys’ fees and costs incurred in this appeal.

State of Tennessee v. Cedric Konard Mitchell
M2022-00948-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Russell Parkes

The Defendant, Cedric Konard Mitchell, appeals the trial court’s revocation of his ten-year
sentence for two counts of domestic assault and one count of aggravated assault in case
numbers 14908 and 15052. On appeal, he argues that the trial court erred by fully revoking
his probation and ordering him to serve the remainder of his ten-year sentence in
confinement. Following our review, we affirm the judgment of the trial court.

State of Tennessee v. Tracey Lynn Carter
M2022-00769-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Forest A. Durard, Jr.

The Appellant, Tracey Lynn Carter, was convicted by a Lincoln County jury of attempted aggravated assault, resisting arrest, disorderly conduct, and public intoxication. He received an effective sentence of eight years’ imprisonment. On appeal, the Appellant alleges that: (1) the evidence is insufficient to support his conviction for attempted aggravated assault; (2) the trial court erred in failing to instruct the jury on voluntary intoxication; and (3) the trial court erred in denying a sentence of split confinement. After review, we affirm the trial court’s judgments.

Michael Briars, et al. v. John Irving, et al.
W2022-01159-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge A. Blake Neill

Plaintiffs sued for injuries and damages allegedly resulting from an automobile accident.
The trial court dismissed one of two defendants based on the statute of limitations.
Although the complaint was filed within one year of the accident, the original summons
went unserved, and plaintiffs did not obtain issuance of new process until over a year after
the issuance of the previous process. On appeal, plaintiffs contend that, because the
automobile accident resulted in a criminal prosecution, the time period for issuance of new
process under Tennessee Rule of Civil Procedure 3 was extended. We affirm.

State of Tennessee v. Timothy Michael Crabtree
W2022-01008-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Donald E. Parish

The Defendant, Timothy Michael Crabtree, was convicted in the Henry County Circuit
Court of aggravated assault and was sentenced as a Range II, multiple offender to ten years
in confinement. On appeal, he contends that the evidence is insufficient to support his
conviction because the evidence fails to show the victim suffered serious bodily injury and
that his sentence is excessive. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. Charles D. Perry
M2022-00643-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry Wallace

A Cheatham County jury convicted the Defendant, Charles D. Perry, of two counts of rape
of a child, and the trial court entered an agreed effective sentence of fifteen years of
incarceration. On appeal, the Defendant contends that: (1) the prosecution was time-barred
because it was commenced outside the statute of limitations; (2) his verdict was not
unanimous; (3) the trial court deprived his right to present a defense by limiting expert
testimony; (4) the trial court erred when it admitted character evidence in violation of
Tennessee Rule of Evidence 404(b); (5) the evidence is insufficient to sustain his
convictions; and (6) the cumulative effect of the trial court’s errors entitles him to a new
trial. After review, we affirm the trial court’s judgments.

Samuel Adam Reese v. Lynette Erin Reese
E2022-01116-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Dennis W. Humphrey

This appeal arises from a divorce. After trial, the trial court entered a final decree of
divorce with an attached Permanent Parenting Plan regarding the parties’ minor child. The
determination of child support was left blank. A supplemental order purported to
“bifurcate” the issue of child support and transfer the case from the Roane County IV-D
office to the Anderson County IV-D office. The father appeals. Since the issue of child
support was never resolved or adjudicated, there is no final, appealable judgment. The
appeal is dismissed for lack of subject matter jurisdiction.