Mary Coleman et al. v. St. Thomas Hospital
Plaintiffs filed suit against their employer, alleging common law negligence and negligent infliction of emotional distress due to their exposure to carbon monoxide in the workplace. The employer filed a motion for summary judgment, contending that Plaintiffs' tort claims were barred by Tennessee's workers' compensation law. The trial court denied the employer's motion for summary judgment, concluding that Plaintiffs' injuries did not "arise out of" their employment. The employer's application for an extraordinary appeal was granted. We reverse and remand for entry of an order granting summary judgment to the employer. |
Davidson | Court of Appeals | |
In the matter of: Arteria H.
This is a termination of parental rights case. Both Mother and Father appeal the trial court's decision to terminate their parental rights. After a thorough review of the record, we affirm. |
Shelby | Court of Appeals | |
Randall S. Patton, et al vs. Larry Massey
Lessor and Lessee entered into a lease with an option to purchase. Lessee subsequently assigned his interest in the Lease to a third party, who lived on the property throughout the Lease's primary term. The option to purchase the property was never completed and Lessee's assignee remained on the property after the expiration of the lease. Lessor filed a suit alleging breach of contract and sought damages from Lessee. After a bench trial, the trial court found that the lease was renewed by oral agreement; Lessee breached the contractual obligations of the lease; and Lessee was liable for damages. Lessee appeals. We affirm. |
McMinn | Court of Appeals | |
In Re: Joseph A.
This proceeding began in the Hamilton County Juvenile Court when the Department of Children's Services ("DCS") filed a petition seeking to have Joseph A. (the "Child") declared dependent and neglected based on allegations of abuse committed by Douglas A. ("Father"). Katheryn B. ("Mother") was allowed to intervene. A guardian ad litem was appointed on the Child's behalf. The Juvenile Court found the Child to be dependent and neglected, and Father appealed that finding to the circuit court. While this case was pending in the circuit court, DCS voluntarily dismissed the original petition. Thereafter, the guardian ad litem filed a motion seeking payment of attorney fees and costs. The circuit court granted this motion and entered a judgment against DCS for the guardian ad litem's fees and expenses. DCS appeals. We vacate the order taxing the guardian ad litem fees and costs against DCS and remand for further proceedings. |
Hamilton | Court of Appeals | |
P & N Development, A Partnership, et al vs. Betty B. Church
Lessee sued Lessor for specific performance and damages, alleging breach of contract after Lessor did not permit Lessee to exercise the option to purchase the property. Lessor moved to dismiss, claiming that Lessee failed to properly and timely exercise the option to purchase the property. Lessor filed a counterclaim, alleging breach of contract and damages. After a bench trial, the trial court held that Lessee properly and timely exercised the option to purchase the property. Lessor appeals. Upon reviewing the record, we conclude Lessee did not exercise the option to purchase the property before the expiration of the Lease. Therefore, we affirm in part, reverse in part, and remand. |
Sullivan | Court of Appeals | |
Noel Montepeque, et al vs. Patricia Claire Adevai, Executrix of the Estate of Joseph Adevai
The parties own adjoining properties with a common party wall. The building belonging to Noel Montepeque and Celia M. Martinez (collectively "Party A") is one story, whereas the building of Joseph Adevai ("Party B") is two stories and overlooks Party A's roof. The party wall contains four windows on the second level of Party B's building. The bottom sills of two of these windows are below the roof line, thus creating open spaces between the party wall and Party A's roof. While Party A was in the process of having a new rubberized roof installed by a contractor, a dispute arose between the parties concerning the manner in which the new roof would be secured to the party wall. Actions allegedly taken by Mr. Adevai to remove the flashing covering the party wall windows eventually resulted in water damage to the existing roof and interior portions of Party A's building. Party A sued Mr. Adevai for compensatory damages and requested that Mr. Adevai be enjoined from committing further damage to the party wall. Mr. Adevai filed a counterclaim, alleging harassment and intimidation by Party A. Following a bench trial, the trial court dismissed the counterclaim and awarded Party A damages for negligence, totaling $28,350.00. We affirm. |
Hamblen | Court of Appeals | |
Dave Brundage, et al vs. Cumberland County, et al
Petitioners filed a Statutory Writ of Certiorari, seeking the review of respondents' action in granting the right to develop a landfill to Smith Mountain Solutions pursuant to Tenn. Code Ann. _68-211-704. Petitioners did not timely verify their petitions and the Trial Judge dismissed the action on the ground he did not have jurisdiction to entertain the petition. On appeal, we affirm. |
Cumberland | Court of Appeals | |
Ricky Lynn Hill v. State of Tennessee
The petitioner, Ricky Lynn Hill, appeals the Chester County Circuit Court's denial of his petition for post-conviction relief. The petitioner pled guilty to vehicular assault, DUI - fifth offense, attempted tampering with evidence, and leaving the scene of an accident. Pursuant to the plea agreement, the petitioner was sentenced to an effective sentence of seven years, eleven months, and twenty-nine days and released to intensive probation. On appeal, the petitioner contends that his guilty plea was not entered knowingly and voluntarily based upon trial counsel's ineffectiveness in handling the case. Following review of the record, we affirm the denial of post-conviction relief. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. James Anthony Burgess
Appellant, James Anthony Burgess, was indicted by the Putnam County Grand Jury for two counts of first degree murder, two counts of felony murder, one count of especially aggravated burglary, and one count of reckless endangerment. These indictments came as a result of the shooting deaths of appellant's estranged wife and her boyfriend at her home. A jury convicted appellant of two counts of second degree murder, two counts of felony murder, one count of especially aggravated burglary, and one count of reckless endangerment. The jury determined that appellant should be sentenced to life in prison for each felony murder conviction. Appellant's total effective sentence was two consecutive life sentences. We remand this case for the trial court's modification of appellant's sentence for especially aggravated burglary to aggravated burglary. In all other respects, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Phil Fuller
The defendant, Phil Fuller, appeals the sentencing decision of the Marshall County Circuit Court following the revocation of his probationary sentence. While on supervised probation, a violation warrant was issued alleging multiple violations of the defendant's probationary agreement. The defendant subsequently waived his right to a hearing and pled guilty to the violations. Afterwards, the trial court revoked the defendant's probation and ordered that the balance of the original effective sentence of three years and three months be served in confinement. On appeal, the defendant does not contest the trial court's revocation but argues that the court erred in ordered him to serve the sentence in confinement rather than in fashioning a sentence involving split confinement. However, after review, we conclude that the defendant has failed to establish that the trial court abused its discretion. Accordingly, the judgment of the trial court is affirmed. |
Marshall | Court of Criminal Appeals | |
Gayle Bernard and Edward Michael Shea v. Metropolitan Government of Nashville/Davidson County, Tennessee
This is the second appeal by two former police officers who sought retirement gifts provided for by Metro ordinance and police department policies. The officers requested the gifts and were denied based on lacking good standing at the time they retired, as required by the ordinance. The officers filed a declaratory judgment action as well as civil rights claims, which the trial court dismissed on jurisdictional grounds and for failure to state a claim, respectively. The Court of Appeals reversed the dismissal of the declaratory judgment action and remanded. On remand, the trial court found that, because the officers were under investigation for misconduct at the time of their retirement, they were not in good standing as required by the ordinance and, thus, not entitled to the retirement gifts. The officers appeal. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Jesse Robert Anderson v. Chris (Anderson) Webster
The order that is the subject of this appeal purports to amend the division of marital property as stated in the final judgment. It was entered in response to a motion filed more than a year after the entry of the final judgment. We have determined the motion was untimely because it did not qualify as a Tenn. R. Civ. P. 60 motion; therefore, the order that purports to amend the division of marital property as stated in the final judgment is void. We, therefore, reverse and remand with instructions for the trial court to vacate the order that purports to amend the final judgment. |
Dickson | Court of Appeals | |
Judy Wyatt v. Ronald Byrd
Property was purchased in Mr. Byrd's name alone, but Ms. Wyatt contends that partnership/joint venture profits were used to secure the purchase, such that she is entitled to an interest in the property. We find that, to the extent that partnership profits were used towards earnest money and closing costs, Ms. Wyatt is presumed to have an interest in the property. We vacate the trial court's dismissal order and we remand for an evidentiary hearing regarding whether R & J Remodeling profits were expended towards earnest money and closing costs, and to allow Mr. Byrd an opportunity to rebut the presumption of partnership property. |
Tipton | Court of Appeals | |
In Re: The Conservatorship of Joyce D. Benny
This is an appeal in a conservatorship case. The notice of appeal was mailed via overnight delivery. Had the notice of appeal been delivered the next day, it would have been timely. Unfortunately, the notice of appeal was not delivered the next day and, therefore, was not timely filed. Because the notice of appeal was not filed within thirty (30) days of entry of the final judgment, this Court lacks subject matter jurisdiction and this appeal must be dismissed. |
Washington | Court of Appeals | |
Johnny B. Ewing, II v. State of Tennessee
The pro se petitioner, Johnny B. Ewing, II, appeals the Davidson County Criminal Court's denial of his petition for writ of habeas corpus. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Latroy Lee Robertson v. State of Tennessee
The pro se Petitioner, Latroy Lee Robertson, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief, in which he attacks his sentences for three counts of the sale of .5 grams or more of cocaine and three counts of the sale of twenty-six grams or more of cocaine. The petitioner seeks a delayed appeal of the sentence, alleging that his attorney was ineffective for failing to file a direct appeal of the sentences. The postconviction court summarily dismissed the petition, and, after careful review, we reverse the post-conviction court's judgment and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Scott M. Craig v. David Mills, Warden
The Petitioner, Scott M. Craig, appeals the Morgan County Criminal Court's summary dismissal of his petition for a writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that the State's motion is well-taken, and the judgment of the trial court is affirmed. |
Morgan | Court of Criminal Appeals | |
Rennee N. Dhillon v. Gursheel S. Dhillon
Husband challenges various rulings of the trial court in this second appeal of the post-divorce proceedings. Finding no error, the judgment is affirmed. |
Williamson | Court of Appeals | |
Steven Anderson v. Roy W. Hendrix, Jr.
The trial court entered summary judgment in favor of plaintiff buyer of land, concluding that defendant seller was liable for rollback taxes pursuant to Tennessee Code Annotated _ 67-5-1008(f). We affirm. |
Shelby | Court of Appeals | |
Ferrel C. Glover v. Celia Ann Clevenger Glover
After the parties' brief marriage, the trial court awarded Wife $25,000.00 for equity allegedly accrued in the marital residence during the marriage. Finding no contributions by Wife to support a transmutation from separate to marital property, we reverse. |
Hardin | Court of Appeals | |
State of Tennessee, ex rel., Bee Deselm, et al vs. Knox County Commission, et al
Plaintiffs' action sought the removal of twelve Knox County office holders who had been appointed by the Knox County Commission in violation of the Open Meetings Act, according to plaintiffs' complaint. Another action, independent of plaintiffs' action, sought removal of the office holders on the grounds that the office holders had been appointed in violation of the Open Meetings Act. Plaintiffs were allowed to intervene in the independent case which, following trial, resulted in a finding that the Commission had violated the Open Meetings Act, and the office holders were removed from office. In this case, the trial court held that since plaintiffs had obtained the results that they sought in their action as a result of their intervention that the continuation of this action was barred by the doctrine of res judicata. Plaintiffs sought and were granted several amendments with their complaint seeking relief on other grounds, but the trial court denied any further relief to plaintiffs' bid. On appeal, we affirm the Judgment of the trial court. |
Knox | Court of Appeals | |
Arthur L. Armstrong v. State of Tennessee
The Petitioner, Arthur L. Armstrong, was convicted in 1978 of robbery, rape, kidnapping, and two counts of crime against nature and was sentenced to two life sentences, a twentyyear term, and two indeterminate terms of not less than ten years nor more than fifteen years, all of which the trial court ordered to be served consecutively. In March 2005, the petitioner filed a petition for a writ of error coram nobis, in which he alleged newly discovered evidence, and the trial court dismissed the petition after a hearing. On appeal, he contends that the dismissal was an unconstitutional denial of his right to due process. After careful review, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gary Lee Hunt
The Defendant, Gary Lee Hunt, pled guilty to driving under the influence ("DUI"), second offense, and the trial court sentenced him to eleven months and twenty-nine days, forty-five days of which he was ordered to serve in incarceration with the remainder to be served on probation. In accordance with Tennessee Rule of Criminal Procedure 37, the defendant reserved as a certified question of law the issue of whether the stop of his vehicle, which led to his indictment and guilty plea, was constitutional. After a thorough review of the record and applicable authorities, we conclude that the stop of the defendant's vehicle was constitutional. Therefore, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Walter Jude Dec
The defendant, Walter Jude Dec, pled guilty to 41 counts of sexual exploitation of a minor, as follows: 25 counts of possessing in excess of 100 images of a minor, a Class B felony; one count of possession between 50 and 100 images of a minor, a Class C felony; and 15 counts of possessing less than 50 images, a Class D felony. He was sentenced as a violent offender to twelve years for each of the Class B felonies and as a Range I, standard offender to six years for the Class C felony and four years for each of the Class D felonies, with all sentences to be served concurrently. On appeal, the defendant argues that his sentences are excessive and that the trial court erred in not merging the 41 counts into a single count. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Janis Oliver Cummins v. Roy B. Cummins
Husband appeals the trial court's decision that Wife's payment of taxes, insurance and association dues on houses titled jointly were contributions of separate property to the homes which, under a premarital agreement, entitled her to a credit before Husband could recover appreciation on those homes. The agreement provides for the treatment of a party's contributions of separate property to jointly held property, and we share the trial court's interpretation of those provisions. Accordingly, we affirm the trial court. |
Williamson | Court of Appeals |