James William Mabe v. State of Tennessee
M2022-01242-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Larry B. Stanley, Jr.

Petitioner, James William Mabe, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his petition alleging ineffective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

State of Tennessee v. Cededrick Ivory a/k/a Cederick Ivory
W2022-00843-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge J. Robert Carter, Jr.

The Defendant-Appellant, Cededrick Ivory, was indicted by a Shelby County Grand Jury
for first-degree premeditated murder in the shooting death of Anthony Travis (count one),
the attempted first-degree murder of Malik Muhammad (count two), and unlawful
employment of a firearm during the commission of first-degree murder (count three). Prior
to trial, the State dismissed counts two and three. The Appellant was convicted as charged
by a Shelby County jury of first-degree premediated murder (count one) and sentenced to
life in prison. In this appeal as of right, he raises the following issues for our review: (1)
whether the evidence is sufficient to support his conviction of first-degree premeditated
murder; (2) whether the trial court erred in refusing to instruct the prosecutor to correct the
testimony of a state witness; and (3) whether the trial court erred in excluding the dates of
prior charged offenses during the cross-examination of two state witnesses. Upon our
review, we must remand this case for entry of separate judgment forms reflecting a
dismissal of counts two and three. In all other respects, we affirm the judgment of the trial
court.

Lynne S. Cherry et al. v. Del Frisco’s Grille of Tennessee, LLC et al.
M2022-00969-COA-R10-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Michael Binkley

In this premises liability case concerning a customer’s fall inside of a restaurant, video surveillance footage from a security camera in the restaurant was not preserved, precipitating the filing of a sanctions motion by the Plaintiffs for spoliation. Although several sources of evidence existed pertaining to the condition of the restaurant flooring where the customer fell, and although the trial court concluded that the Plaintiffs were not prevented from proving fault in this case in the absence of the video evidence, the trial court ultimately entered significant sanctions against the Defendants, including holding that it was conclusively established for purposes of trial that the Defendants had actual or constructive notice that the floor where the fall occurred was “slick” because of a substance or because of a general and continuing condition, as well as striking the Defendants’ affirmative defenses of comparative fault. Upon the filing of an application by the Defendants, we granted an extraordinary appeal under Rule 10 of the Tennessee Rules of Appellate Procedure. For the reasons stated herein, we vacate the trial court’s sanctions order and remand for further proceedings consistent with this Opinion.

Heather R. Wilder v. Joseph C. Wilder
E2022-00990-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Gregory S. McMillan

This appeal concerns a long-running domestic matter. Heather R. Wilder (“Mother”) and
Joseph C. Wilder (“Father”) were issued a final judgment of divorce by the Circuit Court
for Knox County (“the Trial Court”) in 2010. Issues concerning child support have
persisted since then. In the most recent chapter, the Trial Court allowed Mother’s attorney
to withdraw five days before trial but denied her request for a continuance. The Trial Court
subsequently entered its final order. Mother appeals. We find that the Trial Court abused
its discretion in denying Mother a reasonable continuance. We vacate the Trial Court’s
judgment and remand for a new trial to be conducted after Mother has had a reasonable
continuance in which to try to retain counsel or otherwise prepare for trial pro se.

Felicia Willett, et al. v. Olymbec USA, LLC
W2022-00028-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor JoeDae L. Jenkins

Tenant appeals the trial court’s decision to grant landlord a judgment under a holdover
provision in a commercial lease. Because we conclude that landlord voluntarily
relinquished its claim under the holdover provision, we reverse the trial court’s judgment
of damages, late fees, and attorney’s fees, but affirm the trial court’s decision to deny
tenant’s motion to amend her complaint. We remand this case for the determination of the
sole issue agreed to be heard by the parties.

State of Tennessee v. Michael L. Bailey
M2022-01386-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The State of Tennessee sought the enforcement of a prior administrative order against the Appellant related to the Appellant’s violations of the Tennessee Water Quality Control Act of 1977, requesting civil penalties, damages, and injunctive relief. The State filed a motion for summary judgment, and the Appellant sought a continuance based on parallel criminal proceedings. The trial court denied the motion for a continuance and granted summary judgment to the State. On appeal, the Appellant asserts that the chancery court and administrative tribunal lacked personal jurisdiction and that the chancery court erred in denying his motion for a continuance. We conclude that any challenge to personal jurisdiction has been waived and that the chancery court did not abuse its discretion in denying the motion for a continuance. Accordingly, we affirm the judgment.

Yakima Marks Green v. Derrick Lamar Green
M2021-00955-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Phillip R. Robinson

A father petitioned to change the primary residential parent and for immediate physical custody of his child based on the mother’s allegedly inappropriate behavior. The court granted Father an ex parte order of immediate physical custody. At the show cause hearing, the court determined that the mother had engaged in a pattern of emotional abuse of the father and the child such that her parenting time should be limited. After a final hearing on the father’s petition, the court found a material change of circumstances had occurred and that it was in the child’s best interest to modify the permanent parenting plan. The court then adopted a modified parenting plan that named the father the primary residential parent and limited the mother’s parenting time. Discerning no abuse of discretion, we affirm.

State of Tennessee v. Iesha Jones
E2022-01287-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Don W. Poole

The Defendant, Iesha Jones, was convicted by a Hamilton County Criminal Court jury of
first degree felony murder; voluntary manslaughter, a Class C felony; especially
aggravated robbery, a Class A felony; and reckless endangerment, a Class E felony. See
T.C.A. §§ 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder),
39-13-211 (2018) (voluntary manslaughter), 39-13-403 (2018) (especially aggravated
robbery), 39-13-103 (2018 (subsequently amended) (reckless endangerment). The trial
court merged the first degree felony murder and voluntary manslaughter convictions and
imposed a life sentence. The court also imposed sentences of twenty years for especially
aggravated robbery and two years for reckless endangerment. The court ordered
concurrent service of the sentences, for an effective life sentence. On appeal, the Defendant
contends that (1) the evidence is insufficient to support her convictions for first degree
felony murder and especially aggravated robbery, (2) the trial court erred in admitting
hearsay evidence, (3) the prosecutor engaged in prosecutorial misconduct, and (4) the court
erred in denying her requested jury instructions regarding self-defense and defense of
others. We affirm the judgments of the trial court.

Kim Renae Nelson v. Loring E. Justice
E2021-01398-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Senior Judge William B. Acree

The trial court found Appellant/Father in civil contempt for alleged failure to comply with discovery propounded by Appellee/Mother. The trial court also dismissed Father’s petition to modify visitation and child support on the ground that Father’s petition constituted an abusive civil lawsuit. We reverse the trial court’s findings of civil contempt and abusive civil lawsuit. However, because the parties’ child has reached majority, we conclude that Father’s petition to modify is moot. Therefore, we affirm the trial court’s dismissal of Father’s petition on the ground of mootness.

Rachel Karrie Bryant Ramsey v. Nathan Lynn Bryant Et Al.
E2022-01503-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Chancellor Douglas T. Jenkins

The notice of appeal filed by the appellants, Nathan Lynn Bryant and Melissa Bryant, stated that appellants were appealing the judgment entered on September 27, 2022. Inasmuch as the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Holston Presbytery of the Presbyterian Church (U.S.A.) Inc. v. Bethany Presbyterian Church
E2022-01337-COA-R3-CV

A congregation within the Presbyterian Church sought to disaffiliate from its presbytery while retaining ownership of its real property. The presbytery argued that the congregation did not own the real property outright but rather held it in trust for the benefit of the national body of the Presbyterian Church. Following a hearing on competing motions for summary judgment, the trial court determined that the congregation owned the property outright. Thus, it denied the presbytery’s motion and granted the congregation’s motion. The presbytery timely appealed to this Court. Following careful review, we reverse.

Benjamin McCurry v. Agness McCurry
E2023-00827-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Thomas J. Wright

Because the order appealed from does not constitute a final appealable judgment, this Court
lacks jurisdiction to consider this appeal.

In Re Skylar M.
E2023-00875-COA-R3-PT
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Ronald Thurman

The appellant filed a notice of appeal 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.

State of Tennessee, ex re., Commissioner of the Department of Transportation v. Pagidipati Family General Partnership, et al.
W2022-00078-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Jerry Stokes

This is an eminent domain case in which the Commissioner of the Tennessee Department
of Transportation (“the State”) condemned two portions of the defendant’s eighteen-acre
property in Shelby County. Prior to a jury trial to determine the fair market value of the
condemned property, the State filed a motion in limine to exclude evidence of or reference
to a prior sale of a portion of the defendant’s real property to a neighboring fireworks
business. The State argued that the previous sale was not an arm’s-length transaction or a
comparable sale. The trial court granted the State’s motion in limine, excluding the prior
sale from the jury’s consideration. The defendant has appealed. Determining that the
defendant has failed to properly cite to the record in its appellate brief or provide us with a
sufficient record on appeal, we conclude that the defendant has waived its challenge to the
trial court’s exclusion of evidence. We therefore affirm the trial court’s order.

In Re Kathy Delores Horton (Prospectively d/b/a A-Team Bail Bond Company, LLC)
W2022-01355-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The appellant, Kathy Delores Horton (prospectively D/B/A A-Team Bail Bond Company, LLC), appeals the Shelby County Criminal Court’s denial of her petition to operate a new bail bond company.  The appellant asserts that the trial court erred in denying her petition because she had the requisite two years of experience working as a qualified agent.  The appellant also raises a challenge regarding the en banc panel, the denial of a claim concerning ex parte communications, and an equal protection claim.  Following our review, we affirm the trial court’s denial of the appellant’s petition, as well as her other claims.

Linda C. Black as next of kin of Robert Junious Black v. State of Tennessee
M2022-00399-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Commissioner James A. Haltom

This is a wrongful-death health care liability action against a skilled nursing facility, the Tennessee State Veterans’ Home in Clarksville (“TSVH-Clarksville”), which is owned and operated by the State of Tennessee. The claimant, Linda Black (“Claimant”), is the surviving spouse of Robert Junious Black, deceased, who was a resident of TSVHClarksville from December 16, 2016, through January 9, 2017. Claimant asserted that TSVH-Clarksville proximately caused Mr. Black’s death by failing to monitor and report his symptoms under the applicable standard of care. In particular, Claimant alleged that the staff at TSVH-Clarksville (1) failed to follow Mr. Black’s care plan for risk of dehydration; (2) failed to prevent Mr. Black from developing a urinary tract infection; (3) failed to notify Mr. Black’s physician of a significant changes in his clinical status; and (4) failed to properly assess Mr. Black. Following a two-day bench trial, the Claims Commissioner found that Claimant failed to establish a health care liability claim because, inter alia, the State complied with the applicable standards of care and Claimant failed to establish causation. This appeal followed. We affirm.

Robert Wayne Garner v. Grady Perry, Warden
M2022-01733-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Christopher V. Sockwell

Petitioner, Robert Wayne Garner, appeals from the Wayne County Circuit Court’s summary denial of his second petition for habeas corpus relief, in which he challenged the sufficiency of the felony murder indictment under which he was convicted. Petitioner argues on appeal that the habeas corpus court erred in failing to make findings of fact and conclusions of law in denying relief. After review, we affirm the judgment of the habeas corpus court.

In Re Anthony N.
M2022-01360-COA-R3-JV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge M. Wyatt Burk

A juvenile appeals the decision to re-commit him to DCS custody for treatment and
services. We conclude that this appeal is moot in light of post-judgment facts.

State of Tennessee v. Randall A. Murphy
M2022-00396-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Michael W. Binkley

The Defendant, Randall Murphy, appeals his convictions by a Williamson County Circuit Court jury of aggravated kidnapping, reckless aggravated assault, aggravated assault, criminal impersonation of law enforcement, and domestic assault. The Defendant argues: (1) the trial court committed reversible error when it misstated the law and provided its personal opinion on the determinate element of the kidnapping offense; (2) the trial court expressed its personal opinion regarding the testimony of one of the State’s key eyewitnesses; (3) the trial court improperly excluded evidence that the victim had consumed alcohol with her prescription medications at the time of the alleged offenses; (4) the trial court failed to give any weight to the applicable mitigating factors before imposing the maximum sentence for the aggravated kidnapping conviction; and (5) the cumulative effect of the trial court’s errors entitles him to a new trial on all counts. 1 After review, we reverse and remand this case for a new trial on the aggravated kidnapping charge in Count 1 and affirm the remaining counts.

Tricon Construction, Inc D/B/A Tricon 3 Construction, Inc. v. Michelle Perry Et Al.
M2022-00664-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Thomas W. Brothers

Husband and wife appellants, acting pro se, appeal the trial court’s decision to pierce the corporate veil of husband’s construction company to hold husband individually responsible for the corporation’s breach of contract, as well as the judgment against both husband and wife for contemptuous conduct. We do not reach the merits of the case due to the appellants’ failure to comply with the briefing requirements set out in Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee and dismiss the appeal.

Ben C. Adams v. Buchanan D. Dunavant et al v. Watson Burns PLLC et al
W2023-00304-SC-T10B-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Joe Townsend

Before his election to the bench, the probate judge in this interpleader action served as an
expert witness in a 2017 case involving one of the defendants, Watson Burns, PLLC. In
the current case, Watson Burns, PLLC and another law firm defendant moved for the
probate judge’s recusal based on the expert opinions the judge expressed in the 2017 case.
The probate judge denied the motion, and the law firms filed an accelerated interlocutory
appeal as of right to the Court of Appeals pursuant to Tennessee Supreme Court Rule 10B.
The Court of Appeals reversed, ordered the probate judge’s recusal, and remanded for
assignment of another judge. Two other parties to the interpleader action then filed an
accelerated application for permission to appeal in this Court pursuant to Rule 10B, section
2.07. We ordered the parties prevailing in the Court of Appeals to file a response to the
application. Having thoroughly reviewed the Rule 10B application for permission to
appeal, the response, all appendices, and the applicable law, we grant the Rule 10B
application, dispense with additional briefing and oral argument, and hold that the probate
judge’s denial of the recusal motion was appropriate in this case. Therefore, we reverse the
judgment of the Court of Appeals and remand for further proceedings consistent with this
decision

Ben C. Adams v. Buchanan D. Dunavant et al v. Watson Burns PLLC et al.
W2023-00304-SC-T10B-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Joe Townsend

Before his election to the bench, the probate judge in this interpleader action served as an
expert witness in a 2017 case involving one of the defendants, Watson Burns, PLLC. In
the current case, Watson Burns, PLLC and another law firm defendant moved for the
probate judge’s recusal based on the expert opinions the judge expressed in the 2017 case.
The probate judge denied the motion, and the law firms filed an accelerated interlocutory
appeal as of right to the Court of Appeals pursuant to Tennessee Supreme Court Rule 10B.
The Court of Appeals reversed, ordered the probate judge’s recusal, and remanded for
assignment of another judge. Two other parties to the interpleader action then filed an
accelerated application for permission to appeal in this Court pursuant to Rule 10B, section
2.07. We ordered the parties prevailing in the Court of Appeals to file a response to the
application. Having thoroughly reviewed the Rule 10B application for permission to
appeal, the response, all appendices, and the applicable law, we grant the Rule 10B
application, dispense with additional briefing and oral argument, and hold that the probate
judge’s denial of the recusal motion was appropriate in this case. Therefore, we reverse the
judgment of the Court of Appeals and remand for further proceedings consistent with this
decision.

Carolyn Cruise v. Brittany Byrd
M2022-01578-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Clifton David Briley

This appeal arises out of a dog bite incident that occurred at a dog park within an apartment complex. The plaintiff filed a complaint against the defendant who owned the dog that bit her. The defendant filed a motion for summary judgment. The trial court entered an order granting the defendant's motion for summary judgment and dismissing the plaintiff s complaint with prejudice. The plaintiff appeals. We affirm.

Paul W. Chrisman, Jr., Trustee v. SP Title, LLC, Et Al.
M2022-00944-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Joseph A. Woodruff

This appeal arises out of a third-party complaint asserting claims arising from the sale of real property. The trial court entered an order granting in part and denying in part the thirdparty defendants’ motion for summary judgment. Afterward, the third-party plaintiff filed a notice of voluntary dismissal as to his remaining claim, which was then dismissed without prejudice by the trial court. The third-party plaintiff appeals. We reverse in part, vacate in part, and remand for further proceedings consistent with this opinion.

Beverly Gardner v. Saint Thomas Midtown Hospital
M2019-02237-SC-R11-CV
Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge Joseph P. Binkley, Jr.

“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved for summary judgment under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.