In re Marcell W.
W2014-02004-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Robert Samual Weiss

In this parental termination case, Mother appeals the termination of her parental rights to the minor child at issue. We affirm.

Andrew C. Clarke v. City of Memphis
W2014-00602-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Walter L. Evans

This appeal stems from a public records dispute, pursuant to the Tennessee Public Records Act, Tennessee Code Annotated
§ 10-7-101 et seq., litigated in the Shelby County Chancery Court. The trial court awarded Appellee/Cross-Appellant $3,500.00 in attorneys‘ fees and costs due to the City of Memphis‘ ("the City") failure to timely respond to Appellee/Cross-Appellant‘s open records request. The City appealed concerning the propriety of the award of attorneys‘ fees. Appellee/Cross-Appellant cross-appealed concerning the amount of the fees awarded and additionally prayed for an award of attorneys‘ fees on appeal. Although we conclude that Appellee/Cross-Appellant is entitled to attorneys‘ fees, we modify the amount awarded from $3,500.00 to $2,340.00. Further, we deny Appellee/Cross-Appellant‘s request for attorneys‘ fees on appeal.

Jeffery G. Douglas v. Francine C.S., et al.
W2014-02075-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Don R. Ash

The trial court dismissed Appellant's petition for a writ of mandamus. Due to profound deficiencies in Appellant's brief, we dismiss this appeal.

State of Tennessee v. James Thomas, Jr.
M2014-00972-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Monte Watkins

Defendant, James Thomas, Jr., was indicted by the Davidson County Grand Jury for aggravated rape and domestic assault. A jury convicted Defendant as charged. The trial court sentenced Defendant to an effective sentence of 16 years and 6 months. In this appeal as of right, Defendant contends that: 1) the evidence was insufficient to support his conviction for aggravated rape because Defendant was not “armed with” a weapon; 2) the trial court erred by overruling defense counsel’s objection to a detective’s testimony regarding the victim’s credibility; and 3) the prosecutor improperly commented on the victim’s credibility. Having reviewed the briefs of the parties and the entire record in this case, we conclude that although the evidence is legally sufficient to support Defendant’s convictions, the trial court should not have allowed the detective to testify regarding the victim’s credibility, and the prosecutor’s comments during closing argument constitute plain error. Accordingly, the judgment of the trial court is reversed and this case is remanded for a new trial.

In re Serenity W. M.
E2014-01802-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Joseph M. Ayers

This case involves a dispute regarding the custody of Serenity W.M. (the Child), the minor daughter of Matthew Ryan Martin (Father) and Natasha Amber Nichole Martin (Mother). Shortly after the Child’s birth, a state district court in the Commonwealth of Kentucky entered an order granting temporary custody of the Child to her maternal uncle, Christopher Mayo, and his wife, Natasha Cima (collectively Petitioners). Later, Petitioners filed a petition in the Tennessee trial court seeking (1) enforcement of the Kentucky order and (2) emergency custody of the Child. Following a hearing in Tennessee, the trial court granted the petition and ordered that custody would remain with Petitioners pending further proceedings in Kentucky. Father and Mother appeal. We affirm.

Robert McCollum, et al. v. Darrell Peters
E2014-02082-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Thomas J. Seeley, Jr.

Robert and Kimberly McCollum (Plaintiffs) sued Darrell Peters (Defendant) for damages incurred after a garage he built partially collapsed. Their complaint alleged multiple claims for relief including breach of contract, violations of the Tennessee Consumer Protection Act (the TCPA), various forms of fraud and/or intentional misrepresentation and negligence. Following a bench trial, the court ruled in favor of the Plaintiffs. The court held that, with respect to his construction of the garage, Defendant was guilty of promissory fraud, made fraudulent misrepresentations in violation of the TCPA, and acted recklessly by consciously acting contrary to his representations. The trial court entered judgment awarding Plaintiffs a sum total of $56,103.50 including compensatory damages, punitive damages, and attorney's fees. Defendant appeals. We affirm.

Robert Guerrero v. State of Tennessee
M2014-00348-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Stella Hargrove

The petitioner, Robert Guerrero, appeals the denial of post-conviction relief from his 2008 Maury County Circuit Court jury convictions of first degree murder, attempted first degree murder, and aggravated assault, claiming that he was denied the effective assistance of counsel and that the post-conviction court erred by excluding witness testimony and by exhibiting bias. Discerning no error, we affirm.

In re Domingo W., et al.
W2014-01435-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Walter L. Evans

In this termination of parental rights case, Mother appeals the trial court's findings of incompetency and persistence of conditions as grounds for termination. Mother also appeals the trial court's conclusion that termination was in the children's best interest. We affirm the trial court's findings as to both grounds for termination. We also affirm the trial court's finding that termination is in the best interest of the children. Accordingly, we affirm the termination of Mother's parental rights.

Yarboro Sallee v. Tennessee Board of Professional Responsibility
E2014-01062-SC-R3-BP
Authoring Judge: Justice Holly Kirby
Trial Court Judge: Judge Don R. Ash

In this appeal from attorney disciplinary proceedings, the hearing panel of the Tennessee Board of Professional Responsibility suspended the law license of the appellant attorney for one year. The hearing panel determined that the attorney violated Rules 1.4, 1.5, 1.16, 4.4, and 8.4 of the Tennessee Rules of Professional Conduct. Its decision was based on, inter alia, the attorney’s failure to communicate with the client, excessive fees, withholding items from the client’s files after termination of her representation, and sending the clients’ new attorney emails threatening criminal prosecution of the former clients. The attorney sought judicial review of the hearing panel’s decision, and the trial court affirmed the decision of the hearing panel. The attorney now appeals to this Court. After a careful review of the record, we affirm. 

Curtis D. Marvel v. Roane Transportation Services, LLC
E2014-01252-SC-R3-WC
Authoring Judge: Chief Justice Sharon G. Lee
Trial Court Judge: Judge Ben Hooper, II

A truck driver alleged that he sustained a heart attack in the course and scope of his employment. His employer denied the claim, asserting that the heart attack was not caused by his employment. The trial court ruled that the claim was compensable and awarded the truck driver workers' compensation benefits. The employer has appealed. Pursuant to Tennessee Supreme Court Rule 51, the appeal was referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. We affirm the trial court's judgment.

State of Tennessee v. Anthony James Zonneville
M2014-00749-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Seth W. Norman

The Defendant claims the evidence was not sufficient for the jury to convict him of possession of .5 grams or more of a substance containing cocaine with intent to sell or deliver within 1,000 feet of a school.  He also claims the trial court as the thirteenth juror erred in not granting his motion for new trial.  After a thorough review of the record, we conclude the evidence was sufficient and affirm the judgment of the trial court.

State of Tennessee v. Marika Lyn Foster
M2014-01923-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Marika Lyn Foster, appeals the trial court’s order requiring her to serve the balance of her sentence in confinement after the revocation of her probation.  She argues that the trial court abused its discretion by not extending the length and modifying the conditions of her probation.  Following our review, we affirm the judgment of the trial court.

State of Tennessee v. Russell Lee Maze
M2014-02338-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steve R. Dozier

The Appellant, Russell Lee Maze, is appealing the order of the trial court denying his “Motion for Order Correcting Error in Judgment.”  The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20.  Said motion is hereby granted.

State of Tennessee v. Corey Euene Huddleston
M2014-02543-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Suzanne Lockert-Mash

The Defendant, Corey Eugene Huddleston, pleaded guilty to escape, a Class E felony, and the trial court sentenced the Defendant to four years, suspended to supervised probation.  This conviction was ordered to run consecutively to the sentence the Defendant was serving at the time of his escape from the Dickson County Jail.  A violation of probation warrant was issued for the Defendant’s arrest based upon multiple violations of probation rules.  After a hearing, the trial court revoked the Defendant’s probation sentence and ordered service of the balance of the sentence in confinement.  The Defendant appeals, contending that the trial court’s decision to fully revoke his probation sentence was arbitrary.  After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.

Barbara A. Miller v. Myron B. McClary, II
E2015-01027-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: David Reed Duggan

The final order from which the pro se appellant seeks to appeal was entered on April 20, 2015. The Notice of Appeal was not filed until May 22, 2015, more than thirty (30) days from the date of entry of the final order. The appellees have filed a joint motion to dismiss this appeal based upon the untimely filing of the Notice of Appeal. Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal and grant the motion to dismiss.

Stacy Foster-Henderson v. Memphis Health Center, Inc.
W2013-02834-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Kenny W. Armstrong

This appeal involves a contract for employment entitling the employee to sixty days advance notice of the employer’s decision to terminate the contract and six months additional salary from the date of the termination. The employer argued that the termination was effective in May 2005 and, therefore, that the employee had been fully compensated pursuant to the contract. The trial court ruled that the termination occurred in June 2005 and awarded employee damages equivalent to two months’ salary. We conclude that the evidence preponderates in favor of finding that the employee did not receive the requisite notice of the termination of her employment until September or October 2005 at the earliest. Accordingly, we reverse the judgment of the trial court and award employee damages equivalent to six months’ salary, as well as partial prejudgment interest. Reversed and remanded.

Ede Goza, et al. v. Suntrust Bank
W2014-00635-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Kenny W. Armstrong

This appeal arises from the dismissal of an action challenging the validity of and distribution of assets from a trust. The trial court held the suit was barred by the doctrine of res judicata. Because the plaintiffs in this action are in privity with previous challengers of the trust for purposes of res judicata, we affirm the dismissal.

Samantha Adkins v. Studsvik, Inc.. et al.
E2014-00444-SC-R3-WC
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge John C. Rambo

This action involves a dispute regarding workers’ compensation benefits. In July 2009, the plaintiff employee fell from a ladder in the course of her employment. Her employer initially provided medical care but denied that the employee sustained a compensable injury or permanent impairment. The employee filed this action on October 9, 2013. Upon a trial on the merits, the trial court found that (1) the employee did sustain a compensable, work-related injury and (2) the employee was permanently and totally disabled. The employer has appealed that ruling. On appeal, the employee also contends that the trial court erred by failing to award her the cost of unauthorized medical treatment. 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. Discerning no error, we affirm the judgment of the trial court.

Susan Lee Phillips, Executrix and Surviving Spouse of Robert Wayne Phillips, Deceased v. Gary Q. Casey, M.D., et al.
E2014-01563-COA-R9-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge E. G. Moody

This is a health care liability action. The plaintiff's late husband died following a bilateral tonsillectomy surgery. An autopsy determined that the cause of death was angioedema. The plaintiff filed suit against the defendants exactly one year after her husband's death. The complaint did not comply with the pre-suit notice requirements for health care liability suits. The plaintiff voluntarily dismissed the suit without prejudice and re-filed suit. The defendants moved to dismiss, claiming that the re-filed suit was barred. The trial court denied the motion to dismiss and a subsequent motion to reconsider but granted permission to file an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. We granted permission to appeal and now affirm the decision of the trial court.

Haddad Family Partnership v. David Pouncey, et al.
W2014-01761-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Senior Judge Don R. Ash

This case involves a dispute over the boundary line between two neighboring tracts of farmland. The owner of one farm brought this action alleging that the neighbor crossed the common boundary line between the tracts and harvested or destroyed crops during three consecutive years. At trial, the parties presented conflicting surveys, each purporting to establish the correct boundary line between the properties at issue. The trial court found the appellee’s survey to be more persuasive and established the line as proposed by the appellee. The trial court also awarded damages to the appellee for the lost crops. Because the evidence does not preponderate against the trial court’s findings, we affirm and remand for further proceedings.

State of Tennessee v. Tony Samuel
W2014-02085-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joe H. Walker, III

The petitioner, Tony Samuel, filed an untimely notice of appeal of the trial court's denial of his motion to correct an illegal sentence. Following our review, we conclude that the interest of justice does not warrant a waiver of the notice requirement because the petitioner failed to state a colorable claim for relief. Therefore, we dismiss this appeal as untimely.

State of Tennessee v. Shon Q. Blanks
E2014-01897-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Amy Armstrong Reedy

The appellant, Shon Q. Blanks, appeals the Bradley County Criminal Court’s revocation of his probation and the court’s imposition of incarceration instead of granting another alternative sentence. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. David Hugh Crumley
E2013-02373-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge E. Shayne Sexton

The Defendant, David Hugh Crumley, pled nolo contendere to two counts of vehicular homicide and received an effective eight-year sentence under the terms of the agreement. Thereafter, the trial court denied any form of alternative sentencing based upon the nature and circumstances of the offenses combined with the Defendant's lack of remorse and his past criminal history involving alcohol and drugs. The Defendant appeals, arguing that he is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103(1)(A)-(C). Following our review, we discern no abuse of discretion in the trial court's alternative sentencing decision. Accordingly, the judgments are affirmed.

State of Tennessee v. Rafael Grissom
M2014-02560-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David M. Bragg

Defendant, Rafael Grissom, pled guilty to burglary, aggravated burglary, and robbery.  He was sentenced to two years for the burglary conviction, fifteen years for the aggravated burglary conviction, and fifteen years for the robbery conviction.  The trial court ordered Defendant to serve the two-year sentence in incarceration, while the fifteen-year sentences were ordered to be served on Community Corrections consecutively to the sentence for the burglary conviction but concurrently with each other.  Defendant received determinate release after serving a portion of his two-year sentence.  A violation of probation warrant and a violation of Community Corrections warrant were filed against Defendant.  After a hearing, the trial court ordered Defendant to serve the sentences as initially imposed.  Defendant has appealed this decision.  After our review, we conclude that the trial court did not abuse its discretion.  As a result, the judgment of the trial court is affirmed.

Heather Anne Gulish Gladwell v. Tony Neil Gladwell, Jr.
W2014-01095-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Donald P. Harris

Husband appeals the trial court's division of property, award of rehabilitative alimony, and allocation of the federal tax deduction applicable to the parties' children in this divorce action. Wife also appeals the trial court's property division and additionally appeals its award of attorney's fees as alimony in solido to Husband. We affirm the trial court's property division, award of rehabilitative alimony to Husband, and allocation of the federal tax deduction to Wife. We reverse the award of alimony in solido to Husband. This matter is remanded to the trial court for entry of an order setting Wife's child support obligation in a definite amount as required by Tennessee Code Annotated § 36-5-101(a)(2).