State of Tennessee Ex Rel. Barbara E. Catalano v. William R. Woodcock
In this post-divorce child support case, we granted interlocutory appeal to determine whether the Knox County Fourth Circuit Court (“trial court”) erred by finding that the mother was entitled to ongoing and/or retroactive child support from the father for the parties’ adult disabled child. In October 2001, the mother had been granted a default divorce judgment by the Rutherford County Circuit Court (“divorce court”) upon constructive notice by publication to the father. As to child support for the parties’ only child, who was then seventeen years old, the divorce court reserved the issue pending personal service of process upon the father. In March 2014, the State of Tennessee, acting on behalf of the mother, filed a petition to set child support. Prior to the petition’s filing, no child support obligation had been set. Following a hearing, the child support magistrate recommended that the trial court consider the reservation of child support to be a prior child support order and find that it could exercise jurisdiction to set child support. |
Knox | Court of Appeals | |
State of Tennessee v. Dennis Sprawling
Defendant, Dennis Sprawling, was indicted by the Shelby County Grand Jury for one count of driving under the influence of an intoxicant (DUI), one count of driving with a blood alcohol content of more that 0.20% (DUI per se), and one count of reckless driving. A separate count alleged that Defendant had previously been convicted of DUI. In this interlocutory appeal, the appellant, State of Tennessee appeals the Shelby County Criminal Court's order granting a motion to suppress filed by Defendant. The State claims that the trial court erroneously suppressed Defendant's blood test results because the “arresting officer had both actual and implied consent” to draw a sample of Defendant's blood following Defendant's arrest for DUI. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dennis Sprawling-Concurring
Although I concur with the majority's conclusion that the trial court did not err in suppressing the Defendant's blood test results and agree that the trial court's judgment should be affirmed, I write separately because I cannot agree with the inclusion of two sentences in the majority opinion concerning the adoption of a good faith exception to the exclusionary rule in Tennessee. The first sentence is: “We believe that Tennesseans have adjusted well for over three decades under our State's constitution without adoption of any good faith exception….” The second sentence is: “We should not alter Tennessee Law.” |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Henry Midgett, III
The defendant, Charles Henry Midgett, III, pled guilty to two counts of attempted aggravated child abuse, a Class B felony. As part of the agreement, the defendant pled guilty as a Range I offender but waived the release eligibility within his range, and he agreed that the trial court would determine the length of the sentences, the release eligibility, and whether the sentences would run concurrently or consecutively. The trial court sentenced him to twelve years’ imprisonment for each count, to be served at forty-five percent. The sentences were to be served concurrently. The defendant appeals, asserting that the aggregate sentence is excessive and that the trial court erred in applying certain mitigating and enhancing factors. Discerning no abuse of discretion, we affirm the sentences imposed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles William Reed
This direct appeal presents a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A). Defendant, Charles William Reed, properly reserved a certified question of law as part of his plea agreement in which he asks this Court whether there was sufficient probable cause for the issuance of a search warrant. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Victoria Hope Mashburn v. Tyler David Mashburn
In this divorce action, Tyler David Mashburn (Father) argues that the trial court erred by including certain provisions in the permanent parenting plan, i.e., (1) a requirement that his residential parenting time with the parties’ son be supervised; (2) a provision prohibiting Father’s girlfriend from staying overnight during Father’s parenting time; (3) a provision that Father shall have no additional residential parenting time for holidays or vacations unless Victoria Hope Mashburn (Mother) agrees; and (4) a provision that all major decisions regarding the child shall be made exclusively by Mother. We modify the plan by deleting all of these provisions. Furthermore, we reverse the trial court’s decision to award Mother attorney’s fees of $5,000. |
Meigs | Court of Appeals | |
Chuck's Package Store et al. v. City of Morristown
This case originated when six retail wine and liquor stores filed suit against the City of Morristown seeking a refund of a portion of inspection fees that had been erroneously calculated by the City. The fees were assessed by the City on the purchases at wholesale of alcoholic beverages. The City failed to use the correct percentage mandated by Tenn. Code Ann. § 57-3-501 (2013). It is undisputed that the plaintiffs overpaid the City; since the plaintiffs were understandably unaware of the error, they failed to state that they were paying the fees under protest. The City moved to dismiss the case, citing the plaintiffs' failure to pay “under protest.” |
Hamblen | Court of Appeals | |
In re Addison E., et al.
This appeal involves the termination of a mother's parental rights to two minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of her rights on the statutory ground of severe child abuse. The court further found that termination was in the best interest of the children. The mother appeals. We affirm. |
Knox | Court of Appeals | |
Michael Allen Gibbs v. State of Tennessee
The petitioner, Michael Allen Gibbs, appeals the denial of his petition for post-conviction relief from his first degree felony murder, aggravated burglary, and attempted especially aggravated robbery convictions. He asserts that the post-conviction court erred in denying his petition because he received ineffective assistance of counsel in that counsel did not thoroughly advise him regarding a plea offer and the proof needed to convict him. After review, we affirm the denial of the petition. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Steven William Miller
Defendant, Steven William Miller, appeals the trial court’s revocation of his probation, arguing that the trial court abused its discretion by ordering him to serve his original sentence in confinement. Upon our review of the record, we hold that the trial court did not abuse its discretion by revoking Defendant’s probation and ordering Defendant’s sentence into execution. The judgment of the trial court is affirmed. |
Lawrence | Court of Criminal Appeals | |
John F. Manning, Sr. v. Crystal Joan Manning, et al.
This appeal involves the interpretation of a marital dissolution agreement. Pursuant to the agreement, the husband and wife agreed to waive any interest in the other party's retirement account upon the dissolution of the marriage. The husband failed to effectuate the change to his retirement account. Upon his death, the wife refused to sign documentation waiving her right to the benefits. The administrator of the estate filed suit. The parties filed competing motions for summary judgment. The trial court granted summary judgment to the wife. The administrator appeals. We reverse the judgment of the trial court and direct entry of summary judgment in favor of the administrator. |
Hamblen | Court of Appeals | |
John E. Houston v. Conagra Foods Packaged Foods LLC
John E. Houston (“Employee”) alleged he sustained a compensable injury to his back in June 2013. He initially sought medical treatment through his health insurer and told his doctors his injury occurred in the course of his employment at Conagra (“Employer”). When Employee submitted a claim for short-term disability benefits and FMLA leave through Employer, however, he stated his condition was not related to his employment. He ultimately had back surgery on August 22, 2013. On September 13, 2013, Employee gave notice of what he alleged to be a work-related injury to Employer by means of a letter from counsel. Employer denied the claim, based in part on the lack of timely notice. The trial court found Employee’s application for short-term disability benefits provided notice that Employer had an injured employee, and, had Employer conducted an investigation at that time, it would have become aware the injury was work related. The court determined notice, therefore, was timely. It awarded permanent partial disability benefits and entered judgment accordingly. Employer has appealed from that judgment. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We reverse the judgment. |
Gibson | Workers Compensation Panel | |
The Estate of Blake B. Cunningham, by and through Barbara Cunningham v. Epstein Enterprises, LLC, et al.
In this premises liability case, the plaintiff appeals from the trial court's grant of summary judgment in favor of the defendants, the manager and owner of an apartment complex. The trial court concluded that the defendants owed no duty to a security guard, who was fatally shot while working at the apartment complex. Although a premises owner generally owes a duty to provide independent contractors with a safe workplace, under the facts of this case, we conclude that the defendants owed no duty to protect the security guard from the criminal acts that resulted in the loss of his life. Therefore, we affirm the grant of summary judgment in favor of the defendants. Additionally, we affirm the award of discretionary costs to the defendants. |
Shelby | Court of Appeals | |
The Estate of Blake B. Cunningham, by and through Barbara Cunningham v. Epstein Enterprises, LLC, et al. - CONCUR
I concur in the result reached by the majority Opinion with regard to whether the Epstein Entities owed a duty to Mr. Cunningham, but I write separately to address a concern with how the majority reaches this conclusion. I also concur with the majority Opinion‘s holding that the Service Agreement cannot be relied upon by Ms. Cunningham in this case, albeit for a different reason. Thus, I respectfully file this concurrence and will address each of my concerns in turn. |
Shelby | Court of Appeals | |
Earl G. Donaldson v. Terri Allison Donaldson
In this divorce action, the trial court awarded alimony in futuro to Husband in the amount of $1,450.00 per month. Wife appeals, contending that the findings that Husband had a need for alimony and Wife had the ability to pay, as well as the nature, amount, and duration of the award, are not supported by the record. In making the award, the court did not find that rehabilitative, transitional, or short term alimony was inappropriate, and the findings of fact do not otherwise allow for a review of the award. We vacate the award and remand the case for further consideration of the nature, amount, and duration of the award of alimony. |
Sumner | Court of Appeals | |
Earl G. Donaldson v. Terri Allison Donaldson - Dissent
I respectfully dissent from the majority’s opinion in this case. I instead would affirm the judgment of the trial court in its entirety. |
Sumner | Court of Appeals | |
Shannon Robert Gregory v. Kelly Ann Gregory
This is an appeal of a post-divorce order reinstating Father’s alimony obligation and denying Father’s petition to terminate child support. Father brought a petition to terminate his alimony and child support obligations after discovering that his ex-wife was living with a third party. Additionally, he argued that his twenty-one year old daughter was not severely disabled and his child support obligation should be terminated. The trial court suspended Father’s alimony obligation for the duration of his ex-wife’s cohabitation but reinstated the alimony obligation as the cohabitation had ceased by the time of trial. The trial court also determined that the child was severely disabled and ordered child support to continue. Father appealed. We affirm. |
Rutherford | Court of Appeals | |
Tennessee Wastewater Systems, Inc. v. Tennessee Regulatory Authority
Tenn. R. App. P. 12 petition for review of the decision of the Tennessee Regulatory Authority to revoke Tennessee Wastewater Systems, Inc.’s Certificate of Public Convenience and Necessity. Determining that the revocation of the CCN satisfies the requirements of law, is supported by substantial and material evidence, and is an appropriate and reasonable exercise of the TRA’s authority and discretion, we affirm the decision. |
Court of Appeals | ||
Eric L. Tate Davis v. Kristin A. Hood
This appeal arises from post-divorce efforts to modify a permanent parenting plan. The father filed a petition to modify child support and subsequently amended his petition to include a request to modify the residential parenting schedule. The mother filed a counter-petition, seeking to limit the father to supervised visitation. After a hearing, the trial court dismissed the father’s petition to modify the residential parenting schedule because the father failed to prove a material change of circumstance. The court, however, found that the mother did prove a material change of circumstance and that modification of the residential parenting schedule to restrict the father to supervised visitation was in the best interest of the child. The trial court also modified child support and awarded the Mother one-half of her attorney’s fees. Both parties appeal the trial court’s decision. The father appeals the trial court’s findings with regard to material changes of circumstance, child support, and the award of attorney’s fees. The father also appeals the trial court’s decision to limit his pretrial discovery. The mother appeals the trial court’s award of only half of her attorney’s fees and decision to divide the costs of supervised visitation between the parties. Upon reviewing the record, we affirm the trial court’s decision and remand this case for a determination of the amount of Mother’s reasonable attorney’s fees on appeal. |
Williamson | Court of Appeals | |
The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee, et al
An officer with the Davidson County Sheriff’s Department was terminated for dishonesty and related charges after he filed official reports alleging that he had been attacked by another officer and lost consciousness during training exercises. The Department investigated the officer’s claims and found that they were exaggerated and that his dealings with claims representatives and other personnel were hostile and dishonest. After a disciplinary hearing, the Department decided to terminate the officer. An administrative law judge (“ALJ”) determined that the officer should be reinstated with only a ten-day suspension. The Civil Service Commission adopted the ALJ’s initial order as its final order with a few changes. The Metropolitan Government of Nashville and Davidson County (“Metro”) filed a petition for review in chancery court, and the court held that the decision of the Civil Service Commission that the officer had not committed the conduct at issue was not supported by substantial and material evidence. The chancery court reversed the decision of the Commission as to the officer committing the misconduct and remanded to the Commission for a determination of the appropriate disciplinary sanction. We affirm the decision of the chancery court. |
Davidson | Court of Appeals | |
In re Lukas S.-M
This is an appeal from an order designating a primary residential parent, setting visitation, and requiring the child to be returned to Tennessee. The juvenile court found that Mother failed to comply with Tennessee’s parental relocation statute, and after conducting a best interest analysis, ordered that the child be returned to Tennessee. Mother appealed both the court’s application of the relocation statute and its determination of the child’s best interests. We vacate in part and affirm in part. |
Putnam | Court of Appeals | |
Andrea Kay Honeycutt Ex Rel. Minor Child, Alexander H. v. Jonathan Honeycutt
In this case, a wife, on behalf of herself and her children, obtained an ex parte temporary order of protection against her husband as permitted by Tennessee Code Annotated § 36-3-605(a). After a hearing, the circuit court extended the order of protection for forty-five days and assessed costs and attorneys’ fees against the husband. The husband appeals, arguing that the wife failed to prove her allegations of domestic abuse by a preponderance of the evidence. After reviewing the record, we affirm the decision of the circuit court. |
Davidson | Court of Appeals | |
Misty Ellis v. State of Tennessee
In 2014, the Petitioner, Misty Ellis, pleaded guilty to robbery, and the trial court imposed the sentence agreed to by the parties of six years at 100%. In 2015, the Petitioner filed a petition for habeas corpus relief, contending that her release eligibility percentage was illegal because it was in direct contravention of the release eligibility statute, Tennessee Code Annotated section 40-35-501. The habeas corpus court dismissed the Petitioner’s petition for failure to comply with habeas corpus statutory filing requirements. On appeal, the Petitioner contends that the habeas corpus court erred when it dismissed her petition because she complied with the filing requirements and because her agreed-to sentence is illegal. The State counters that the habeas corpus court properly dismissed her petition because the judgment form does not show any illegality in the Petitioner’s plea-bargained sentence. After a thorough review of the record, we affirm the habeas corpus court’s dismissal of the Petitioner’s petition for habeas corpus relief. |
Davidson | Court of Criminal Appeals | |
Trinidad Martinez Flores v. State of Tennessee
In 2011, a Davidson County jury convicted the Petitioner, Trinidad Martinez Flores, of multiple offenses involving the possession and sale of more than 300 pounds of marijuana. The trial court sentenced the Petitioner to fifty-six years of incarceration. This Court affirmed the Petitioner’s convictions and sentence on appeal. State v. Trinidad Martinez Flores, No. M2012-00285-CCA-R3-CD, 2013 WL 3497644, at *1 (Tenn. Crim. App., at Nashville, July 11, 2011), perm. app. denied (Tenn. Nov. 13, 2013). The Petitioner filed a petition for post-conviction relief alleging that his trial counsel represented him ineffectively. After a hearing, the post-conviction court denied the petition. On appeal, the Petitioner contends his trial counsel failed to adequately represent him, noting that the Board of Professional Responsibility subsequently disbarred trial counsel for fraudulently billing the state. On appeal, we conclude that, considering the weight of the evidence, counsel’s representation did not prejudice the Petitioner. As such, the Petitioner is not entitled to relief. |
Davidson | Court of Criminal Appeals | |
Jody Pendergrass, et al. v. Brandon Ingram
This case arises from a contract dispute. The parties orally contracted for Appellees to perform grading and other work on Appellant's property for the price of $2,500.00. After Appellees began the work, Appellant requested additional work. The parties did not discuss any additional payment for this work. After the work was complete, Appellees sent Appellant an invoice for $9,073.00. Appellant told Appellees he would not pay that amount and sent them a cashier's check marked “pd in full” for $1,500.00, which was the balance due on the original $2,500.00 price. Appellees marked through the “pd in full” notation on the check, cashed the check, and then notified Appellant that they considered the check to be a credit against the total amount owed. |
Bradley | Court of Appeals |