Terry Case v. Wilmington Trust, N.A. et al.
E2021-00378-SC-R11-CV
Authoring Judge: Justice Dwight E. Tarwater
Trial Court Judge: Chancellor Jeffrey M. Atherton

Plaintiff Terry Case did not make his mortgage payments for several years. The real property which secured his loan was subsequently sold at a foreclosure sale following the postponement of a prior sale date. Mr. Case brought a claim for “wrongful foreclosure,” among others, alleging Defendants Wilmington Trust, N.A. and Wilson & Associates, PLLC violated the notice requirements in the applicable deed of trust by failing to provide him with written notice of the postponement. The trial court granted summary judgment to Defendants, and Mr. Case solely appealed the dismissal of his claim for “wrongful foreclosure.” The Court of Appeals reversed, finding that Defendants failed to satisfy their notice obligations under the deed of trust and that summary judgment on the claim for “wrongful foreclosure” was therefore inappropriate. Defendant Wilmington Trust applied for permission to appeal to this Court, and we granted review to determine (1) whether Tennessee recognizes a common law cause of action for “wrongful foreclosure,” and (2) whether the Fannie Mae/Freddie Mac Uniform Deed of Trust requires written notice of postponement in addition to oral announcement pursuant to section 35-5-101(f) of the Tennessee Code. We further instructed the parties to address whether Mr. Case satisfied the requirements for constitutional standing. We hold that Mr. Case has constitutional standing to bring his claim. However, we also hold that there is no common law cause of action for “wrongful foreclosure” in Tennessee. As a result, we reverse the judgment of the Court of Appeals and remand to the trial court for entry of an order consistent with this opinion.

Fort Sanders Regional Medical Center Et Al. v. American Anesthesiology of Tennessee, P.C.
E2023-01340-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor Richard B. Armstrong

This is a declaratory judgment action concerning the enforceability of covenants not to compete in the medical field. The trial court held the covenants unenforceable as applied to the plaintiff clinicians who provide anesthesia services at local hospitals in Tennessee. We affirm.

State of Tennessee v. Jerrell Anderson
W2023-01618-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James Jones, Jr.

Defendant, Jerrell Anderson, appeals his Shelby County convictions for four counts of attempted first degree murder, two counts of aggravated assault, two counts of reckless endangerment, and two counts of employing a firearm during the commission of a dangerous felony. Defendant argues that the trial court erred in denying two motions for mistrial and in admitting redacted recordings of jail phone calls into evidence instead of admitting the calls in their entirety. After review, we affirm the judgments of the trial court.

State of Tennessee v. Russell Lynn Onks
E2023-01656-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge William K. Rogers

Defendant, Russell Lynn Onks, was convicted by a Sullivan County jury of four counts of violation of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. After a hearing, the trial court imposed an effective sentence of two years, suspended to probation after service of ninety days of incarceration. Defendant appeals, arguing that the evidence was insufficient to support a finding that he established a primary residence, secondary residence, or a physical presence within Sullivan County to support counts one and two. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

In Re Estate of Joyce Ann Hendrickson
M2023-01683-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Amanda Jane McClendon

An LLC owned seven properties. The members of the LLC were a mother, father and daughter. Mother held the majority voting share. As manager of the LLC, Mother transferred most of its assets to another LLC, whose members were her daughter and son-in-law, without the knowledge of Father. Mother died and her estate sought to recover the assets for the original LLC. The trial court found that Daughter had a conflict of interest and that Mother/Decedent also had a conflict of interest. The trial court also found that the transactions violated Tennessee statutes and the “entire fairness test” of Rock Ivy Holding, LLC v. RC Properties, LLC, 464 S.W.3d 623 (Tenn. 2014). The trial court declared the transactions void. We affirm.

State of Tennessee v. John Allen Hessmer
M2024-00056-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Senior Judge Don R. Ash

The Defendant, John Allen Hessmer, appeals the Wilson County Circuit Court’s denial of his motion to correct illegal sentences pursuant to Tennessee Rule of Criminal Procedure 36.1.  Based on our review, we affirm the judgment of the trial court.

State of Tennessee v. Jordan Ballard
W2023-01266-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Mark L. Hayes

The Defendant, Jordan Ballard, was convicted by a Lake County Circuit Court jury of
aggravated kidnapping, a Class B felony; rape, a Class B felony; aggravated assault, a Class
C felony; and assault, a Class A misdemeanor. See T.C.A. §§ 39-13-304 (2018)
(aggravated kidnapping), 39-13-503 (2019) (subsequently amended) (rape); 39-13-102
(Supp. 2020) (subsequently amended) (aggravated assault); 39-13-101 (Supp. 2020)
(subsequently amended) (assault). The trial court imposed concurrent sentences of ten
years for aggravated kidnapping, ten years for rape, four years for aggravated assault, and
eleven months, twenty-nine days for assault, for an effective ten-year sentence. On appeal,
the Defendant contends that the evidence is insufficient to support his aggravated
kidnapping conviction. We affirm the judgments of the trial court.

State of Tennessee v. Christopher Paul Drake
E2024-00165-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Tammy Harrington

The Defendant, Christopher Paul Drake, pled guilty to the offenses of attempted aggravated sexual exploitation of a minor and attempted sexual exploitation of a minor. The trial court imposed an effective sentence of eight years and placed the Defendant on probation after service of six months in custody. Thereafter, the Defendant was alleged to have committed a “zero tolerance” violation of his probation by being discharged from an outpatient sex offender treatment program. Following a hearing, the trial court revoked his suspended sentences in full. On appeal, the Defendant argues that the trial court abused its discretion when it ordered the sentences into execution. He also asserts that the trial court erred in admitting the treatment provider’s Notice of Termination despite the provider’s absence from the hearing. Upon our review, we respectfully affirm the judgments of the trial court.

Harold Noel v. William Gibbons, et al.
W2023-01517-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Mary L. Wagner

Plaintiff appeals the trial court’s dismissal of his personal injury action based on the doctrine of sovereign immunity and the expiration of the statute of limitations. Because the action was barred by the statute of limitations, we affirm.

In Re: Estate of Bruce Hurley
E2023-01460-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Douglas T. Jenkins

A decedent’s former employee filed a petition to dissent from the decedent’s last will and
testament and sought a declaration that she is the decedent’s widow. Following a trial, the
court dismissed the petition on the basis that the evidence rebutted the presumption of a
valid marriage between the decedent and the former employee. We affirm.

Vickey J. Cowan v. Jimmy Cowan
M2023-00746-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Clara W. Byrd

This appeal concerns the division of marital property, and an award of alimony entered as part of a final decree of divorce.  For the reasons stated herein, we vacate the trial court’s judgment with respect to both subjects and remand the case for further proceedings consistent with this Opinion. 

James Travis Dover v. Hanna Norris Dover
E2024-01523-COA-T10B-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Adrienne Waters Ogle

This accelerated interlocutory appeal is taken from the trial court’s order denying Appellant’s motion for recusal. Because there is no evidence of bias that would require recusal under Tennessee Supreme Court Rule 10B, we affirm the judgment of the trial court.

Heather Danielle Radar Blount v. James Edward Blount
W2022-01722-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Yolanda Kight Brown

This is an appeal from a three-day divorce trial in which both parties presented expert testimony regarding how to calculate the husband’s income for purposes of paying support. The husband raises nine issues on appeal regarding proof of marital fault, the valuation of marital property, and the alimony and attorney fees awarded to the wife. For the following reasons, we vacate in part and affirm the decision of the trial court as modified.

State of Tennessee v. Jeffrey August Tate and Steven Ogle
E2023-01737-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Rex H. Ogle

Defendants, Jeffrey August Tate and Steven Ogle, were indicted in separate cases for multiple counts of theft of property and home construction fraud involving separate victims. Before trial, both Defendants filed motions to dismiss the home construction fraud counts in their respective indictments, alleging that a portion of the home construction fraud statute, Tennessee Code Annotated section 39-14-154(b)(1), was unconstitutionally vague on its face, and Defendant Tate also argued that the statute was vague as applied to him. Following a joint hearing on both Defendants’ motions, the trial court concluded that the home construction fraud statute is unconstitutionally vague on its face. The State appealed both Defendants’ cases pursuant to Tennessee Rule of Appellate Procedure 3(c), and this court consolidated the appeals. We conclude that the State does not have an appeal as of right pursuant to Rule 3(c) because the record does not reflect that the substantive effect of the trial court’s order resulted in the dismissal of the indictments. Accordingly, we dismiss the appeals.

State of Tennessee v. Paul L. Foutner
E2024-00054-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven Wayne Sword

Paul L. Foutner, Defendant, was indicted for first degree murder, three counts of attempted
first degree murder, reckless endangerment, two counts of employing a firearm in the
commission of a dangerous felony, and one count of felon in possession of a firearm for
his role in a shooting in Knoxville. The trial court dismissed the reckless endangerment
charge before trial, and a jury convicted Defendant of second degree murder, attempted
second degree murder, two counts of reckless endangerment, employing a firearm in the
commission of a dangerous felony, employing a firearm in the commission of a dangerous
felony with a prior violent felony, and felon in possession of a firearm. Defendant received
an effective sentence of 54 years. On appeal, Defendant challenges the sufficiency of the
evidence to support his convictions for second degree murder and attempted second degree
murder. Because the evidence is sufficient to support the convictions, we affirm the
judgments of the trial court.

Carl E. Swann v. City of Kingsport
E2023-01679-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Katherine Leigh Priester

The appellee filed a petition for a common law writ of certiorari seeking judicial review of a decision from the board of zoning appeals. Having determined that the petition did not comply with certain statutory requirements, we find that the trial court lacked subject matter jurisdiction to take up the writ. Accordingly, we vacate the trial court’s order, and remand for the entry of an order of dismissal.

State of Tennessee v. Jacob Wyatt Allen
M2023-01379-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Howard W. Wilson

Jacob Wyatt Allen, Defendant, appeals from the revocation of judicial diversion after subsequent arrests for driving under the influence, aggravated criminal trespass, driving on a revoked license, driving under the influence, violation of the motorcycle helmet law, and violation of an ignition interlock system.  Because the trial court did not abuse its discretion, we affirm the revocation of judicial diversion.

Vidafuel, Inc. v. Kerry, Inc.
M2024-00041-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Joseph P. Binkley, Jr.

This is a case involving a contractual relationship between sophisticated business entities in which the Plaintiff-Appellant agreed to order beverage products manufactured by the Defendant-Appellee. The delivered products were nonconforming, and the Plaintiff-Appellant thereafter filed suit asserting common law tort claims and alleging violation of the Tennessee Consumer Protection Act. Upon motion of the Defendant-Appellee, however, the trial court dismissed the lawsuit. As part of its order of dismissal, the trial court held that the asserted common law tort claims were barred by the economic loss doctrine and ruled that the Tennessee Consumer Protection Act claim was barred by the statute of limitations. For the reasons stated herein, we affirm the trial court’s judgment of dismissal.

Jeromy Tyson Ratcliff v. Melody Leann Ratcliff Neal
E2023-01152-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge J. Michael Sharp

In this child support dispute, the mother filed a petition to extend child support for an adult child due to the child’s severe disability. The father filed a motion to dismiss the petition for lack of subject matter jurisdiction, which the trial court denied. Following a bench trial, the court entered an order determining that the parties’ adult son was severely disabled and directing the father to pay child support “going forward” and retroactively. The father sought to amend the final judgment, again raising the issue of the trial court’s subject matter jurisdiction and also requesting that the final order be set aside until the child could undergo a vocational evaluation. The trial court denied the motion to alter or amend. The father has appealed. Discerning no reversible error, we affirm. Upon consideration, we decline the mother’s request for attorney’s fees on appeal.

State of Tennessee v. Brian Tremaine Mitchell
M2023-00050-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steve R. Dozier

The Defendant, Brian Tremaine Mitchell, was convicted in the Davidson County Criminal Court of two counts of first degree premeditated murder, one count of first degree felony murder, one count of attempted second degree murder, and employing a firearm during the commission of a dangerous felony and received a total effective sentence of two consecutive life terms plus seventeen years in confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by admitting hearsay statements into evidence as dying declarations, (3) the trial court erred by failing to instruct the jury on the statements as dying declarations, (4) the trial court erred by refusing to suppress his Facebook records from evidence, (5) the trial court erred by allowing his jailhouse statements and internet searches into evidence, (6) the trial court erred by excluding evidence that one of the victims was selling drugs and might have been intoxicated at the time of the crimes, and (7) he is entitled to relief under the cumulative error doctrine. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

State of Tennessee v. Gary E. Brown
E2023-01562-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Hector Sanchez

Defendant, Gary E. Brown, was indicted by a Knox County Grand Jury in case number
122940 for aggravated assault by strangulation, domestic assault, false imprisonment,
interfering with an emergency call, and two counts of violating a no contact order.
Defendant was later charged by information in case number 125355 with domestic
aggravated assault. In case number 122940, Defendant pled guilty to domestic assault and
was sentenced to 179 days for which he had credit. In case number 125355, Defendant
pled guilty to aggravated assault with an agreed-upon sentence of three years suspended to
probation, with the trial court to determine after a hearing whether Defendant would
receive judicial diversion. Following the trial court’s denial of judicial diversion,
Defendant appeals arguing that the trial court abused its discretion in denying judicial
diversion. Following our review of the record, the briefs of the parties, and the applicable
law, we affirm the judgments of the trial court.

Roy T. Lewis v. State of Tennessee
M2024-00406-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Robert T. Bateman

Petitioner, Roy T. Lewis, appeals from the Robertson County Circuit Court’s denial of his petition for post-conviction relief following a hearing, in which Petitioner alleged that he received the ineffective assistance of counsel and that his guilty plea was not knowingly and voluntarily entered because trial counsel did not inform him of his offender classification.  Following a careful review of the record and the briefs of the parties, we affirm the judgment of the post-conviction court. 

State of Tennessee v. Shoshanna Cabanting
E2023-00562-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Alex E. Pearson

A Hancock County Jury convicted the Defendant, Shoshanna Cabanting, of vandalism of
property valued at $1,000 or less, a Class A misdemeanor, in violation of Tennessee Code
Annotated section 39-14-408(b)(1). The trial court imposed a sentence of eleven months
and twenty-nine days which was suspended after service of thirty days in jail. On appeal,
the Defendant argues that the trial court erred in imposing the thirty-day term of
confinement because it failed to consider the purposes and principles of the Sentencing
Act. See Tenn. Code Ann. § 40-35-103(1)(A)-(C). Upon our review, we reverse the
judgment of the trial court and remand for a limited resentencing hearing.

Alexis Danielle Rapp v. Christopher George Rapp
M2023-01671-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Kathryn Wall Olita

This case stems from a mother’s request to relocate outside the state with the parties’ minor child. The father filed a petition opposing relocation, and a trial was held on the matter. The trial court determined that allowing relocation was not in the child’s best interests and granted the father’s petition. Concluding that the trial court did not abuse its discretion, we affirm.

State of Tennessee v. Terrance Williams
W2023-01447-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the defendant, Terrance Williams, of conspiracy to commit first-degree murder, attempted first-degree murder, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of fifty-six years in confinement. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.