In Re Destyni S. Et Al.
M2022-00910-COA-R3-PT
In this case involving termination of the mother’s parental rights to her two children, the Lawrence County Chancery Court (“trial court”) determined that seven statutory grounds for termination had been proven by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the children’s best interest. The mother has appealed. Discerning no reversible error, we affirm.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Stella L. Hargrove |
Lawrence County | Court of Appeals | 06/20/23 | |
Tennessee Farmers Mutual Insurance Company, Inc. v. Linda Linkous Et Al.
M2022-01035-COA-R3-CV
The trial court held that an insurance company properly denied an insured’s claim for property loss arising out of a fire. The trial court found that the denial was supported by two grounds: (1) that the property was not “occupied” as defined by the policy at the time of the fire and, therefore, the policy did not cover the loss, and (2) that the policy was voided by the insured’s misrepresentations relating to the loss. We affirm the trial court’s decision.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Elizabeth C. Asbury |
Fentress County | Court of Appeals | 06/20/23 | |
John Clark Ritenour v. Sara D. Bennett
E2023-00540-COA-R3-CV
This is an appeal from a final order entered on March 9, 2023. The Notice of Appeal was
Authoring Judge: Per Curiam
Originating Judge:Judge Gregory S. McMillan |
Knox County | Court of Appeals | 06/13/23 | |
State of Tennessee Ex Rel. Joshua M. Harman Qui Tam v. Trinity Industries, Inc., Et Al.
M2022-00167-COA-R3-CV
A qui tam relator brought a Tennessee False Claims Act suit on behalf of himself and the State of Tennessee against a manufacturer of guardrail end terminals. The manufacturer moved to dismiss, and the trial court granted the motion on a wide variety of bases. The qui tam relator appeals. We conclude that a number of the rationales relied upon by the trial court were in error; nevertheless, the trial court properly dismissed the action for failure to state a claim upon which relief can be granted under the Tennessee False Claims Act.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 06/13/23 | |
Philip Hyer v. Juanita Miller
E2022-00640-COA-R3-CV
After flooding washed away a bridge and part of a driveway which a homeowner used to
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Jean A. Stanley |
Carter County | Court of Appeals | 06/13/23 | |
John F. Curran v. Angela M. Melson
W2021-00907-COA-R3-CV
Appellant and Appellee were involved in a romantic relationship during which time
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Vicki Hodge |
Hardin County | Court of Appeals | 06/12/23 | |
In Re Robert McPhail Hunt Jr.
E2022-00649-COA-R3-CV
This appeal arises out of a settlement agreement between the parties that resolved the
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Douglas T. Jenkins |
Hamblen County | Court of Appeals | 06/12/23 | |
Heather Smith v. Blue Cross Blue Shield of Tennessee
E2022-01058-COA-R3-CV
This appeal concerns a claim of retaliatory discharge. Heather Smith (“Smith”), then an
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Jeffrey M. Atherton |
Court of Appeals | 06/09/23 | ||
Estate of Willie Harold Hargett et al. v. Charlotte R. Hodges Brown
M2022-00250-COA-R3-CV
A decedent’s estate sued his girlfriend for the proceeds of his life insurance policy, items from his home that were missing or damaged, and money withdrawn from his credit union account. The trial court found for the estate on the basis of fraud, conversion, and undue influence. The girlfriend appealed. We affirm in part, reverse in part, vacate in part, and remand.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Louis W. Oliver |
Sumner County | Court of Appeals | 06/09/23 | |
Lynne Ingram Bolton v. David Bolton
M2022-00627-COA-R3-CV
This is a criminal contempt case. Appellant/Father appeals the trial court’s finding that he is guilty of four counts of criminal contempt for violating the trial court’s orders regarding medical treatment for the minor child. Discerning no error, we affirm.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Senior Judge Robert E. Lee Davies |
Davidson County | Court of Appeals | 06/08/23 | |
Infinity Homes, Inc. et al. v. Horizon Land Title, Inc. et al.
M2022-00829-COA-R3-CV
Appellants, purchasers of several unimproved lots, filed suit against Appellee title company. Appellants asserted five counts against Appellee based on Appellee’s alleged failure to disclose the existence of a lien lis pendens on the lots. The trial court dismissed all but one of the counts against Appellee and certified its orders of partial dismissal as final pursuant to Tennessee Rule of Civil Procedure 54.02. We conclude that the trial court improvidently certified its orders as final and dismiss the appeal for lack of subject-matter jurisdiction.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Charles K. Smith |
Wilson County | Court of Appeals | 06/08/23 | |
Maryam Sobhi (Soryana) Mikhail v. George Aziz Mikhail
M2021-00500-COA-R3-CV
A wife sought a divorce after a long-term marriage. The trial court granted the wife a default judgment for divorce as a sanction for the husband’s discovery abuses. After a trial, the court also valued and divided the marital estate and awarded the wife alimony in futuro. On appeal, the husband challenges the court’s decisions on multiple grounds. Discerning no reversible error, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 06/07/23 | |
Vondell Richmond v. City of Clarksville, Tennessee
M2022-00974-COA-R3-CV
This case involves a declaratory judgment action to determine whether the plaintiff, then a member of the Clarksville City Council, was entitled to a declaration of rights concerning alleged communications between the Clarksville City Attorney and the local District Attorney General potentially pertaining to plaintiff. The trial court dismissed the action, concluding that the plaintiff was seeking an impermissible advisory opinion because there was no justiciable controversy. Having reviewed the record, we affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Kathryn Wall Olita |
Montgomery County | Court of Appeals | 06/07/23 | |
Kristie M. Haun v. Jason B. Haun Et Al.
E2021-01012-COA-R3-CV
This is an appeal regarding the final decree of divorce for this couple. The husband’s inlaws
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Lawrence Howard Puckett |
Court of Appeals | 06/07/23 | ||
Heidi Pendas v. Christopher J. Irizarry et al.
M2022-00603-COA-R3-CV
This case involves an intrafamily dispute over a home and the alleged indebtedness thereon. The trial court found that the son committed promissory fraud with regard to the conveyance of the home and awarded the mother $180,000.00 in damages as the value of the home at the time of the conveyance. The trial court further dismissed a claim against the daughter related to a loan on the property. Both the son and the mother appeal. Discerning no reversible error, we affirm.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Laurence M. McMillan, Jr. |
Montgomery County | Court of Appeals | 06/07/23 | |
John Jahen v. Aer Express, Inc. Et Al.
E2022-00344-COA-R3-CV
An injured truck driver brought suit against his alleged employer seeking to recover worker’s compensation benefits. The alleged employer did not appear at trial, and the trial court entered judgment in favor of the plaintiff. Eight months later, the alleged employer moved the trial court to set aside the judgment pursuant to Tennessee Rule of Civil Procedure 60.02, on the grounds that it did not receive notice of the trial date. The trial court denied the motion, finding that the alleged employer failed to notify the court and the plaintiff of its change of address and that plaintiff would be severely prejudiced if the court set aside the judgment. Discerning no error, we affirm.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor Pamela A. Fleenor |
Hamilton County | Court of Appeals | 06/06/23 | |
Michael R. Adams v. Edwin Brittenum ET AL.
W2023-00800-COA-T10B-CV
A pro se petitioner seeks accelerated interlocutory review of an order denying a motion for
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Gina C. Higgins |
Shelby County | Court of Appeals | 06/06/23 | |
Lyon Roofing, Inc. et al. v. James H. Griffith, Jr. et al.
E2022-00530-COA-R3-CV
This appeal involves the denial of a Tenn. R. Civ. P. 60.02 motion. In the original action,
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge William E. Phillips, II |
Hawkins County | Court of Appeals | 06/05/23 | |
John Patton Et Al. v. Anita Pearson
M2022-00708-COA-R3-CV
After a fire at a rental home, suit was brought against the tenant. During discovery, the tenant sought admissions related to the landlords’ insurance coverage and as to whether the suit was actually a subrogation action by the insurer brought in the names of the insured. As a result of resistance to disclosure, the tenant moved to compel. The trial court granted the motion. Following admissions indicating that this suit is a subrogation action by the insurer brought in the names of the insured, the tenant moved for summary judgment asserting that under the Sutton Rule she is an implied co-insured under the landlords’ insurance policy. Opposition to summary judgment was advanced based upon the purported inapplicability of the Sutton Rule and the purported applicability of the collateral source rule. The trial court granted summary judgment to the tenant. This appeal followed. We affirm the trial court’s grant of the motion to compel and summary judgment in favor of the tenant.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Amanda McClendon |
Davidson County | Court of Appeals | 06/05/23 | |
Thomas Builders, Inc. v. CKF Excavating, LLC
M2021-00843-COA-R3-CV
An arbitrator awarded a subcontractor damages against a general contractor. In chancery court, the general contractor moved to vacate the award on the basis that the arbitrator exceeded his powers. The chancery court denied the motion to vacate and, at the request of the subcontractor, confirmed the arbitration award. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 06/02/23 | |
Thomas Builders, Inc. v. CKF Excavating, LLC
M2021-00843-COA-R3-CV
I respectfully disagree with the majority's holding that the doctrine of prior suit pending is inapplicable here. The majority's discussion of prior suit pending is contained in footnote one of its opinion. Therein, the majority notes that the Rogers Group commenced an action (the "Cheatham County case") in Cheatham County against CKF Excavating and TBI. However, the majority omits the fact that TBI filed a cross-claim against CKF in the Cheatham County case. For the reasons discussed below, it is my opinion that TBI's cross-claim triggered the doctrine of prior suit pending and vested jurisdiction in the Cheatham County court. As such, the Davidson County court did not have authority to conduct a review of the arbitrator's decision.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 06/02/23 | |
Leah Gilliam v. David Gerregano, Commissioner of the Tennessee Department of Revenue Et Al.
M2022-00083-COA-R3-CV
Citizens of Tennessee may apply to the Tennessee Department of Revenue (the “Department”) for license plates featuring unique, personalized messages. Tennessee Code Annotated section 55-4-210(d)(2) provides that “[t]he commissioner shall refuse to issue any combination of letters, numbers or positions that may carry connotations offensive to good taste and decency or that are misleading.” After her personalized plate featuring the message “69PWNDU” was revoked by the Department, Leah Gilliam (“Plaintiff”) filed suit against David Gerregano (the “Commissioner”), commissioner of the Department, as well as the then-Attorney General and Reporter. Plaintiff alleged various constitutional violations including violations of her First Amendment right to Free Speech. The Department and the State of Tennessee (together, the “State”) responded, asserting, inter alia, that the First Amendment does not apply to personalized plate configurations because they are government speech. The lower court, a special three judge panel sitting in Davidson County, agreed with the State. Plaintiff appeals, and we reverse, holding that the personalized alphanumeric configurations on vanity license plates are private, not government, speech. We affirm, however, the panel’s decision not to assess discovery sanctions against the State. Plaintiff’s other constitutional claims are pretermitted and must be evaluated on remand because the panel did not consider any issues other than government speech. This case is remanded for proceedings consistent with this opinion.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/01/23 | |
Aaron Solomon v. Angelia Solomon et al.
M2021-00958-COA-R3-CV
Plaintiff sued several defendants over social media posts and the unauthorized use of his and his child’s name, image, and likeness. Plaintiff requested both damages and injunctive relief. In response, defendants petitioned to dismiss under the Tennessee Public Participation Act. Plaintiff then filed notice of a voluntary nonsuit, which defendants opposed. The trial court dismissed the case without prejudice. Because we conclude that nothing in Tennessee Rule of Civil Procedure 41 precludes the voluntary dismissal, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Appeals | 05/31/23 | |
Kristopher McMickens v. Vincent J. Perryman, as Administrator of the Estate of Alfred G. Farmer
W2022-00445-COA-R3-Cv
The plaintiff filed this personal injury action following an automobile accident in which
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Jerry Stokes |
Shelby County | Court of Appeals | 05/31/23 | |
Duane Dominy Et Al. v. Davidson County Election Commission
M2022-00427-COA-R3-CV
Plaintiffs brought an action against the Davidson County Election Commission, asserting that the Election Commission violated the Tennessee Open Meetings Act and Metro Code 2.68.020. The chancery court granted judgment on the pleadings to the Election Commission, concluding no violation occurred and that even if there had been a violation it was cured by a subsequent public meeting. Plaintiffs appealed. Defending the chancery court’s judgment, the Election Commission argues that the trial court’s ruling was correct on the merits and that the Plaintiffs are also not entitled to relief because they lack standing and because the matter has become moot. Because the Election Commission presented a well-developed and well-supported argument in favor of mootness and because the Plaintiffs have failed to respond to that argument, we conclude that opposition to the Election Commission’s mootness argument has been waived. Accordingly, we dismiss this appeal.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/31/23 |