Kelly R. Russell v. Chattanooga Property Management, LLC
This appeal involves a United Postal Service (“UPS”) worker who was injured when her foot went through the porch of a residence at which she was delivering a package. The UPS worker sued the property management company who leased the property, alleging it was liable for her injuries. The trial court dismissed the case on summary judgment, finding the property management company had no duty to the UPS worker. Because the record on appeal does not contain the lease agreement the trial court relied upon in granting the property management company’s motion for summary judgment, we vacate the trial court’s order and remand the case to the trial court. |
Hamilton | Court of Appeals | |
Phillip Daniel Morton v. State of Tennessee
A Davidson County jury convicted the Petitioner, Phillip Daniel Morton, of first degree premediated murder. The Petitioner appealed, and this court affirmed the Petitioner’s conviction. The Petitioner timely filed a post-conviction petition, alleging that he received the ineffective assistance of counsel. The post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Brown
The Appellant, Michael Brown, pled guilty in the Knox County Criminal Court to two counts of aggravated assault, a Class C felony. Pursuant to the plea agreement, he received an effective six-year sentence with the trial court to determine the manner of service of the sentence, including his request for judicial diversion. After a sentencing hearing, the trial court denied diversion and ordered that he serve the sentence in confinement. On appeal, the Appellant contends that the trial court erred by denying his requests for judicial diversion and full probation. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Kim Renae Nelson v. Loring E. Justice
During a previous appeal in this action involving issues of child support and custody, this Court awarded to the mother her attorney’s fees incurred on appeal and remanded the matter to the trial court with instructions to determine the amount of such award. Following remand, the trial court conducted a hearing to consider evidence concerning the mother’s attorney’s fees. The trial court subsequently entered an order setting the mother’s award of reasonable attorney’s fees in the amount of $150,218.02. The father has appealed. Based upon our thorough review of the evidence presented, we modify the amount of attorney’s fees awarded to the mother from $150,218.02 to $123,195.00. Accordingly, the trial court’s judgment is affirmed as modified. |
Roane | Court of Appeals | |
Jason M. Peterson v. Jodi L. Carey
This negligence case arises from a one-car accident in which the Plaintiff Jason M. Peterson, a passenger in a car driven by Defendant Jodi L. Carey, was injured. Plaintiff filed his complaint more than one year after he was injured. Defendant moved to dismiss on the ground that the one-year statute of limitations for personal injuries, Tenn. Code Ann. § 28-3-104(a)(1)(A), had run and the case was untimely filed. Plaintiff argued that because Defendant was given a citation for failure to exercise due care, Tenn. Code Ann. § 28-3- 104(a)(2), which provides for a two-year limitations period if “[c]riminal charges are brought against any person alleged to have caused or contributed to the injury,” applies. Defendant responded that because the police issued her citation under the Kingsport Municipal Code, the total fine was fifty dollars, a penalty that was civil and not criminal in nature. The trial court dismissed Plaintiff’s action with prejudice, holding it was filed too late. Because no evidence of the citation was presented to the trial court, and there is no indication in the trial court’s final judgment that it considered the arguments regarding the citation, we vacate and remand for the trial court to consider the evidence and rule on the issue presented. |
Sullivan | Court of Appeals | |
Brent H. Moore v. Karen R. Moore
Following their divorce, both parents sought modification of a permanent parenting plan. The parents agreed that there had been a material change in circumstances warranting a modification. But they disagreed over the parenting schedule and who should be the primary residential parent. Among other things, the trial court retained the father as the primary residential parent and gave him sole decision making over major decisions. And the court substantially reduced the mother’s parenting time. Both parents also filed petitions for contempt against the other. In part, the father sought to hold the mother in contempt for failure to make certain payments as required by the divorce decree. Although the court dismissed all of the contempt petitions, it ordered the mother to pay the father for the missed payments anyway. We vacate the modified plan and remand for a determination of the minor child’s best interest. Otherwise, we affirm. |
Lawrence | Court of Appeals | |
Roy Kelly et al. v. Debre Keranio Medhanialem Ethiopian Orthodox Tewahedo Church et al.
Parents sued a property owner after their child, while playing on the property, received an electrical shock from a downed power line. The property owner moved for summary judgment. Based on the undisputed facts, the trial court determined that the property owner was essentially a landlord and had neither actual nor constructive knowledge of the downed power line. So the court dismissed the parents’ claims against the property owner. On appeal, the parents argue that the property owner was a |
Davidson | Court of Appeals | |
Susan Greene Garamella v. City of Lebanon, Tennessee et al.
This is a negligence case arising out of an injury suffered by the plaintiff after she tripped over a sewer cleanout cap and fell on the sidewalk in a residential neighborhood. She filed suit against the construction company that placed the cleanout cap and the City of Lebanon that assumed ownership of the sidewalk. The trial court granted summary judgment in favor of the defendants, holding, inter alia, that the applicable statute of repose barred the suit against the construction company and that the City was immune from liability. The plaintiff appeals. We affirm. |
Wilson | Court of Appeals | |
Melvin Keith Black v. State of Tennessee
The Petitioner, Melvin Keith Black, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding he received the effective assistance of counsel at trial. Upon our review of the record, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
In Re Octavia C., et al.
This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that several grounds for termination as to the mother were proven: (1) abandonment by failure to support; (2) abandonment by failure to provide a suitable home; (3) abandonment by an incarcerated parent for failure to support; (4) abandonment by an incarcerated parent for wanton disregard; (5) substantial noncompliance with a permanency plan; (6) persistent conditions; (7) severe child abuse; and (8) failure to manifest an ability and willingness to care for the children. The juvenile court also found that termination was in the best interests of the children. The mother appeals. On appeal, the Department of Children’s Services does not defend the grounds of abandonment by failure to support and abandonment by failure to establish a suitable home. We reverse the juvenile court in part and affirm in part. |
Madison | Court of Appeals | |
State of Tennessee v. Quinton Deshawn Mostella
In 2019, the Defendant, Quinton Deshawn Mostella, pleaded guilty to facilitation of first degree murder. The trial court imposed a twenty-two-year sentence to be served consecutively to the Defendant’s sentence in a 2009 case. The Defendant subsequently filed a motion to correct the 2019 judgment contending that the judgment did not reflect 714 days of pretrial jail credit. The trial court granted the motion, awarding the Defendant pretrial jail credit and amending his sentence to run concurrently to his 2009 sentence. On appeal, the State contends that the trial court lacked the jurisdiction to amend the Defendant’s judgment and sentence. After a thorough review of the record and applicable law, we reverse and vacate the trial court’s amended judgment. |
Maury | Court of Criminal Appeals | |
Vanquish Worldwide, LLC v. Sentinel Insurance Company, LTD Et Al.
Vanquish Worldwide, LLC, a Tennessee company that services contracts with the United States government, procured business insurance from Sentinel Insurance Company, Ltd., d/b/a The Hartford (“Sentinel”) and American National Property and Casualty Company (“ANPAC”) through insurance agent Steve Hardin. Vanquish later sought coverage for its payment of an arbitrated settlement with a subcontractor. Despite Mr. Hardin’s assurance that Vanquish would have coverage for the dispute, Vanquish’s claim was denied because it was outside the stated coverage of its insurance policies. Vanquish brought negligent misrepresentation and negligence claims against Mr. Hardin and against Sentinel and ANPAC on the basis of vicarious liability. The trial court granted summary judgment to Mr. Hardin, Sentinel, and ANPAC. Vanquish appeals. Because the unrebutted statutory presumptions of Tennessee Code Annotated § 56-7-135 effectively negate elements of each cause of action, we affirm the trial court’s judgment. |
Blount | Court of Appeals | |
Rashawn Jones v. State of Tennessee
Petitioner, Rashawn Jones, appeals from the Shelby County Criminal Court’s denial of his post-conviction petition seeking relief from his convictions upon his guilty pleas to three counts of robbery and one count of felony escape. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Donna Cooper et al. v. Dr. Mason Wesley Mandy et al.
The issue presented in this interlocutory appeal is whether the Health Care Liability Act, Tennessee Code Annotated sections 29-26-101 to -122, applies to medical battery and intentional misrepresentation claims against health care providers for injuries arising from a surgical procedure. The defendant doctor told the plaintiff he was an experienced board-certified plastic surgeon, and the plaintiff consented to surgery. But the doctor was not a board-certified plastic surgeon, and the surgery did not go well. The plaintiff and her husband sued the doctor and his medical practice for her injuries, alleging medical battery and intentional misrepresentation. The defendants moved to dismiss because the plaintiffs had not complied with the pre-suit notice and filing requirements of the Health Care Liability Act. The plaintiffs, conceding their noncompliance, argued the Act did not apply to their medical battery and intentional misrepresentation claims. The trial court agreed with the plaintiffs, ruling that the defendants’ misrepresentations were made before any health care services were rendered and thus did not relate to the provision of health care services. On interlocutory review, the Court of Appeals affirmed. We reverse and hold that the Health Care Liability Act applies to the plaintiffs’ claims. The Act broadly defines a “health care liability action” to include claims alleging that a health care provider caused an injury that related to the provision of health care services, regardless of the theory of liability. Based on the allegations in the complaint, the plaintiffs’ medical battery and intentional misrepresentation claims fall within the definition of a “health care liability action” under the Act. We remand to the trial court for further proceedings consistent with this opinion. |
Williamson | Supreme Court | |
State of Tennessee v. Jerome Andre McClinton
Defendant, Jerome Andre McClinton, pled guilty to one count of sale of more than 0.5 grams of methamphetamine. Pursuant to his plea agreement, the manner of service of his ten-year sentence was to be determined by the trial court. Following a sentencing hearing, the trial court ordered the sentence to be served in confinement. On appeal, Defendant contends that the trial court abused its discretion by ordering him to serve his sentence without considering his amenability to correction or potential for rehabilitation. Following a thorough review, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Coffee County, Tennessee v. Carl Spining et al.
This appeal arises from a Rule 12.02(6) dismissal of a legal malpractice action as time-barred under the one-year statute of limitations in Tennessee Code Annotated § 28-3-104(c)(1). In its September 17, 2019 Complaint, the plaintiff county alleged that its trial counsel in an underlying Public Employee Political Freedom Act (“PEPFA”) action committed malpractice by failing to object to the jury verdict form in conjunction with agreeing to bifurcate the issue of damage. The defendant attorney and his law firm moved to dismiss the complaint as time-barred under § 28-3-104(c)(1), asserting that the county’s claim accrued no later than July 7, 2017—the date on which the court entered the final judgment against the county in the underlying PEPFA case. The county opposed the Motion, asserting that its claim did not accrue until September 18, 2018—the date on which the Court of Appeals issued its opinion in the PEPFA case—because it was on that date the county first reasonably became aware of the alleged malpractice. The trial court granted the Motion to Dismiss on the ground the county knew it had been injured and had sufficient constructive knowledge to trigger accrual of the action more than one year prior to its commencement. This appeal followed. We affirm. |
Coffee | Court of Appeals | |
Ebenezer Olusegun George v. Byrle Victoria Smith-George
This is an appeal of a post-divorce matter filed by Wife to enforce the parties’ marital dissolution agreement. Primarily at issue was the Wife’s award of alimony in solido, which, pursuant to the parties’ agreement, was to be paid to her out of Husband’s retirement accounts, tax free to Wife. Wife contended that Husband violated the parties’ agreement because she had allegedly been taxed on the amount of alimony in solido. The trial court found no violation of the marital dissolution agreement concerning the alimony in solido payment. We affirm. |
Shelby | Court of Appeals | |
Willie Adams v. Illinois Central Railroad Company
Appellee alleges that Appellant abused the discovery process. The trial court agreed, granting Appellee’s motion to exclude Appellant’s expert witnesses and, consequently, granting summary judgment in Appellee’s favor. Because the basis for the imposition of the sanction is unclear and the trial court does not engage in the necessary analysis regarding discovery sanctions, we vacate and remand for further proceedings. |
Madison | Court of Appeals | |
James E. Cryer v. The City of Algood, Tennessee
Following a two-vehicle car accident in DeKalb County, Tennessee, between plaintiff James E. Cryer and a police officer, Mr. Cryer filed suit against the City of Algood alleging various acts of negligence. The case proceeded to a bench trial and at the close of Mr. Cryer’s proof, the trial court granted the City’s motion for involuntary dismissal pursuant to Tennessee Rule of Civil Procedure 41.02(2). The trial court ruled that no reasonable trier of fact could conclude Mr. Cryer was less than 50% responsible for the accident and that Mr. Cryer’s claims were therefore barred. Mr. Cryer appeals. Discerning no error, we affirm. |
DeKalb | Court of Appeals | |
Asata Dia Lowe-El v. State of Tennessee
In this consolidated appeal, the Petitioner, Asata Dia Lowe-El, appeals from the Morgan County Circuit Court’s summary dismissals of his petitions for a writ of habeas corpus and for a writ of error coram nobis. On appeal, the Petitioner contends that the court erred in dismissing the petitions, rather than granting relief. The appeal from the habeas corpus proceeding is dismissed, and we affirm the judgment of the coram nobis court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Richard G. Williams, Kipling Colbert, Jr. and Christopher Bassett, Jr.
A Knox County jury convicted the defendants, Richard G. Williams, Kipling Colbert, Jr., and Christopher Bassett, Jr., of multiple felonies based on the December 17, 2015 shooting death of fifteen-year-old Zaevion Dobson. On appeal, all of the defendants challenge the trial court’s admission of a YouTube video of the defendants rapping. Defendant Bassett appeals the trial court’s denial of the motion to suppress his statement to the police. Defendants Colbert and Williams challenge the sufficiency of the evidence, and Defendant Williams, solely, asserts that the trial court erred when it admitted evidence of his involvement in an April 2016 shooting and that the effect of cumulative errors during the trial warrants appellate relief. After review, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
Jason Britt v. Richard Jason Usery, et al.
Although the Plaintiff appeals the trial court’s dismissal of his claims, we dismiss the appeal due to the absence of a final appealable judgment. |
Henderson | Court of Appeals | |
La Southaphanh v. Tennessee Department of Correction et al.
A parolee petitioned for a common law writ of certiorari after the Tennessee Board of Parole revoked his parole and did not credit his sentence with a portion of the time he spent on parole. The chancery court concluded that the Board did not act arbitrarily, fraudulently, illegally, or in excess of its jurisdiction. The chancery court dismissed the petition. We affirm. |
Davidson | Court of Appeals | |
Bonnie S. Bodine v. Long John Silver's LLC
This appeal arises from a premises liability action filed by Bonnie S. Bodine (“Plaintiff”) against an incorrect defendant. After learning that she had sued the wrong defendant, Plaintiff waited over four months to file a “Motion to Correct Misnomer,” requesting that she be permitted to “replace” the correct defendant in the action. This motion was not heard until five months later, after the defendant asked the trial court to place the case on the docket for both Plaintiff’s motion and the defendant’s summary judgment motion. The trial court denied Plaintiff’s motion to correct misnomer and subsequent motion to alter or amend, citing Plaintiff’s “extreme lack of due diligence.” Plaintiff appeals. Because the trial court did not abuse its discretion, we affirm. |
Marion | Court of Appeals | |
In Re Riley S.
This appeal concerns the termination of a mother and father’s parental rights to their son, Riley S. The trial court found that DCS established several grounds for terminating both parents’ parental rights and that termination of their rights was in Riley’s best interest. On appeal, neither parent challenges any of the grounds for termination; instead, they contend DCS failed to prove, and that the trial court made insufficient findings to establish, that termination of their parental rights was in Riley’s best interest. Following a careful review of the record, we have determined that DCS proved several grounds for termination as to each parent. We have also determined that DCS proved, and the trial court made sufficient findings to establish, that termination of their parental rights was in the best interest of Riley. Accordingly, we affirm the trial court’s termination of the mother and father’s parental rights. |
Montgomery | Court of Appeals |