APPELLATE COURT OPINIONS

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In Re Estate of Louise Ship Green

W2022-00449-COA-R3-CV

Appellant filed an objection to the probate of Decedent’s will, and Appellee, the Executrix of Decedent’s estate, filed a motion to dismiss the objection. The trial court granted Appellee’s motion, dismissed Appellant’s objection for lack of standing, and admitted Decedent’s will to probate. Appellant appeals the trial court’s grant of Appellee’s motion to dismiss for lack of standing and also asserts that she received no notice of the hearing on Appellee’s motion. Discerning no error, we affirm.

Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Kathleen N. Gomes
Shelby County Court of Appeals 12/08/22
State of Tennessee v. Delinquent Taxpayers of Benton County, Tennessee

W2021-01050-COA-R3-CV

After a delinquent tax sale of land owned by a limited liability corporation, the managing member filed a motion to redeem the property pro se, signing only his own name. The trial court deemed admitted requests for admission propounded on purported redeemer individually after only the entity responded. Relying in part on the admissions, the trial court granted the tax sale purchaser’s motion to strike the attempt at redemption for lack of standing. Discerning no reversible error, we affirm.

Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Vicki Hodge Hoover
Benton County Court of Appeals 12/07/22
Linda Kindred, et al. v. Evelyn Townsend, et al.

W2021-01481-COA-R3-CV

This negligence action arises from the collision of Plaintiff/Appellee’s Mercedes convertible with a tractor-trailer operated by Defendant/Appellant in the scope of her employment. The trial court determined that Appellant was more than 50 percent at fault for the accident and apportioned 75 percent fault to Appellant and 25 percent fault to Plaintiff/Appellee. The trial court also determined that Defendant/Appellant employer was vicariously liable for the damages awarded. Discerning no error, we affirm the judgment of the trial court.

Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Valerie L. Smith
Shelby County Court of Appeals 12/07/22
L.A.S. v. C.W.H.

E2021-00504-COA-R3-JV

This is a custody dispute over two minor children, P.H. and V.H. (together, “the Children”). The Children’s mother, L.A.S. (“Mother”), lives in Nevada, while the Children live primarily in Tennessee with their father, C.W.H. (“Father”), and his wife (“Stepmother”). Father is the primary residential parent, and Mother sees the Children over the summers and during their breaks from school. On June 12, 2020, Mother filed a petition to modify the permanent parenting plan and for contempt in the Hamilton County Juvenile Court (the “juvenile court”). Mother asked to be named primary residential parent. Following a three-day bench trial, the juvenile court dismissed Mother’s petition. The juvenile court determined that no material change in circumstances warranting a change in custod had occurred. Mother timely appealed to this Court. Having thoroughly reviewed the record, we discern no error and affirm the juvenile court’s judgment.

Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Robert D. Philyaw
Hamilton County Court of Appeals 12/07/22
Sharon Toomes v. D & S Motors, et al.

W2022-00244-COA-R3-CV

Pro se appellant appeals the judgment rendered in favor of the defendant following a bench trial. Because we conclude that Appellant has waived all arguments by failing to file a substantially compliant brief or a transcript or statement of the evidence, we affirm.

Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge A. Blake Neill
Lauderdale County Court of Appeals 12/07/22
Amanda N. Burnett v. Aaron L. Burnett

E2021-00900-COA-R3-CV
In this divorce action, Aaron Burnett (“Husband”) challenges the trial court’s classification and division of the parties’ assets, award of alimony in solido to Amanda Burnett (“Wife”), and permanent parenting plan (“PPP”). Husband also argues that the trial court erred in finding him in criminal contempt during the divorce trial. The PPP ordered by the court states that Husband is granted 90 days of parenting time per year, but the more specific day-to-day schedule provided in the plan allows for only about 63 days. Wife concedes that the PPP is inconsistent and also that the trial court improperly found Husband in contempt. Consequently, we vacate the day-to-day schedule in the PPP and remand for the trial court to craft a schedule that allows Husband 90 days, and we reverse the contempt finding. The trial court’s judgment is affirmed in all other respects.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor M. Nicole Cantrell
Anderson County Court of Appeals 12/07/22
Anthony Perry v. Tennessee Department of Corrections

M2022-00108-COA-R3-CV
An inmate convicted of first-degree murder in 1999 filed this declaratory judgment action
challenging the Tennessee Department of Correction’s calculation of his release eligibility
date. The trial court granted the Tennessee Department of Correction’s motion for
summary judgment dismissing the petition. Discerning no reversible error, we affirm.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 12/06/22
Deborah Russell v. HSBC, Inc. et al.

M2020-01181-COA-R3-CV
A pro se plaintiff filed a 543-page complaint containing improper allegations and claims.
The trial court struck the complaint and ordered the plaintiff to refile. The plaintiff then
filed an amended complaint of less than half the length, but containing many of the same
deficiencies as the original complaint. The court again struck the offensive portions and
ordered the plaintiff to refile. The court also dismissed several of the defendants because
the amended complaint failed to state a claim against them for which the court could grant
relief. Rather than file a second amended complaint, the plaintiff moved several times to
recuse the trial judge. Having failed to file a proper complaint within the time specified,
the court dismissed the case. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Anne C. Martin
Davidson County Court of Appeals 12/06/22
Roger Scott Austermiller v. Penny Smith Austermiller

M2022-01611-COA-T10B-CV
This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court
Rule 10B § 2.02 from the trial court’s denial of a motion for recusal in a pending divorce
action. The husband moved for recusal based on comments the presiding judge made after
the husband failed a court-ordered drug test. The judge stated from the bench, “If I could
put [the husband] in drug court, I would. It’s a two-year program. I would certainly love
for him to be in that. Unfortunately, he doesn’t qualify because it’s not for domestic. It’s
for criminal.” In the order denying the husband’s motion, the judge stated: “the Court made
these suggestions only to help [the husband] get well and beat his addiction so he can be a
father to his two children.” The court also found that the husband filed his motion “for an
improper purpose, i.e., to delay the litigation.” We have concluded that the motion was not
filed for an improper purpose; however, we find the evidence is insufficient to prompt a
reasonable, disinterested person to believe that the judge’s impartiality might reasonably
be questioned. Accordingly, the judgment of the trial court denying the motion for recusal
is affirmed.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Deanna Bell Johnson
Williamson County Court of Appeals 12/05/22
Wayne Haddix d/b/a 385 Ventures, Inc. v. Jayton Stinson, et al.

W2022-01618-COA-T10B-CV

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the petition, the appeal is hereby dismissed.

Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor JoeDae L. Jenkins
Shelby County Court of Appeals 12/05/22
Brandon Copeland v. Tennessee Department of Correction

M2021-01557-COA-R3-CV

The appellant, a former Tennessee Department of Correction (“TDOC”) employee, challenges the Tennessee Board of Appeals’ decision upholding his dismissal as an employee due to actions allegedly constituting official misconduct and tampering with evidence. The appellant requests that this Court overrule or modify the Tennessee Supreme Court’s holding in Tenn. Dep’t of Corr. v. Pressley, 528 S.W.3d 506 (Tenn. 2017), which this Court lacks authority to do. Although we conclude that the appellant has waived his remaining two issues on appeal by failing to provide legal authority or argument, we further conclude that the Tennessee Board of Appeals’ decision was supported by substantial and material evidence. We therefore affirm the Davidson County Chancery Court’s final judgment dismissing the appellant’s petition for judicial review with prejudice.

Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 12/02/22
Jeremy R. Durham v. Tennessee Registry of Election Finance

M2021-01455-COA-R3-CV
This case involves the imposition of a civil penalty by the Tennessee Registry of Election
Finance as the result of multiple violations of the Campaign Financial Disclosure Act and
the Campaign Contribution Limits Act. An appeal of the Registry’s decision was decided
by an Administrative Law Judge who generally affirmed the decision of the Registry but
significantly reduced the civil penalty. After further review by the Registry, the penalty
was largely reinstated. Upon further appeal, the Chancery Court affirmed the decision of
the Registry. We affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Chancellor Anne C. Martin
Davidson County Court of Appeals 12/02/22
State of Tennessee, ex rel., Kimberly Krepela Hoard v. Richard Lane Barrom

W2022-00085-COA-R3-JV

In this Title IV-D child support case, the juvenile court modified a father’s child support obligation pursuant to the Child Support Guidelines after the child had reached the age of majority and had graduated high school. We vacate and remand.

Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Dan H. Michael
Shelby County Court of Appeals 12/02/22
Jeffrey Lee Self v. Jennifer Dawn Self

E2021-01130-COA-R3-CV

In this divorce action the husband raises multiple issues on appeal concerning, inter alia, the factual accuracy of the trial court’s judgment; the trial court’s grant of divorce to the wife on the ground of inappropriate marital conduct; the trial court’s equitable distribution of the marital property, including the trial court’s one-time award to the wife of $50,000 as part of the distribution; the trial court’s findings concerning the husband’s income, expenses, and ability to work; and the trial court’s award to the wife of $3,000 in attorney’s fees as alimony in solido. The husband has not directly raised an issue regarding the trial court’s award to the wife of $850 monthly as alimony in futuro. We determine that with the exception of one issue related to the trial court’s miscalculation of the marriage’s duration, which we deem to have been harmless error, the husband has waived all issues by failing to comply with Tennessee Rule of Appellate Procedure 24(b)-(c) and Tennessee Court of Appeals Rule 7. We accordingly affirm the trial court’s judgment. Deeming this to be a frivolous appeal, we grant the wife’s request for reasonable attorney’s fees on appeal and post-judgment interest on the trial court’s alimony awards.

Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Jerri S. Bryant
Bradley County Court of Appeals 12/01/22
Genevieve Thomas v. Cass Clay Thomas

W2021-01092-COA-R3-CV

This is an appeal of a divorce case involving the awarding of alimony and the division of marital property. The trial court entered an order summarily denying the wife’s various motions, including a motion to alter or amend the judgment. Upon our review of the record, we vacate the trial court’s order and remand for a review pursuant to Rule 63 of the Tennessee Rules of Civil Procedure.

Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge James F. Russell
Shelby County Court of Appeals 12/01/22
Molly Leann Green v. Michael Wayne Green

E2022-01518-COA-T10B-CV

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, filed by Molly Leann Green (“Mother”), seeking to recuse the judge in this case involving parenting issues. Having reviewed the petition for recusal appeal filed by Mother and the answer filed by Michael Wayne Green (“Father”) pursuant to this Court’s order, and finding no error, we affirm.

Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Daryl A. Colson
Fentress County Court of Appeals 12/01/22
Benjamin McCurry v. Agness McCurry

E2022-00635-COA-R3-CV

Appellant/Mother filed a post-divorce petition for contempt against Appellee/Father for alleged violations of the parenting plan. Mother also moved to change the child’s primary residential parent from Father to her. The trial court held that there was no contempt and further held that there was not a material change in circumstances to warrant a change in the child’s primary residential parent. Mother appeals. Discerning no error, we affirm.

Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge James E. Lauderback
Washington County Court of Appeals 12/01/22
Trevor Adamson v. Sarah E. Grove, et al.

M2020-01651-COA-R3-CV
In this case, the plaintiff filed a complaint alleging defamation and related causes of action.
Before the defendants filed an answer or any other pleading, the plaintiff filed a notice of
voluntary dismissal, and the trial court entered an order of voluntary dismissal without
prejudice. Within thirty days, the defendants filed a combined motion to alter or amend
and petition to dismiss the complaint with prejudice pursuant to the Tennessee Public
Participation Act (TPPA), Tenn. Code Ann. § 20-17-101, et seq., seeking an award of
attorney fees and sanctions. The trial court ultimately entered an order altering or
amending the order of voluntary dismissal without prejudice, granting the defendants’
petition to dismiss with prejudice under the TPPA, and ordering the plaintiff to pay $15,000
in attorney fees in addition to $24,000 in sanctions. The plaintiff has appealed and raised
numerous issues, including a challenge to the trial court’s subject matter jurisdiction after
the nonsuit. For the following reasons, we reverse the trial court’s order granting the
motion to alter or amend, vacate the trial court’s order granting the appellees’ petition to
dismiss with prejudice and awarding attorney fees and sanctions, and remand.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Joe Thompson
Sumner County Court of Appeals 11/30/22
Olivia May Marcel v. Brad Joseph Marcel

M2021-00594-COA-R3-CV
This appeal arises from a divorce proceeding. The Coffee County Chancery Court (“Trial
Court”) ordered the husband to pay the wife alimony in futuro of $1,500 per month. The
Trial Court further ordered that the husband’s child support obligation would be calculated
by using his previous four pay stubs, each of which reflected a pay period of one week.
Upon our determination that a period of four weeks is not a reasonable period of time to
calculate child support when the parent has regularly received variable income, we vacate
the Trial Court’s award of child support and remand for recalculation based on the
husband’s income for a reasonable period of time. We affirm the Trial Court’s
determination that alimony in futuro was appropriate in this case but vacate the Trial
Court’s determination of the amount of alimony for reconsideration after its calculation of
the husband’s child support obligation.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge Vanessa A. Jackson
Coffee County Court of Appeals 11/30/22
Louise Faulkner ET AL. v. Nationstar Mortgage LLC

W2020-01148-COA-R3-CV

This case involves a controversy surrounding certain real property located in Memphis. The trial court entered summary judgment in favor of the Defendant on most claims, and after a jury trial and verdict in favor of the Defendant, the remaining claim was also dismissed. Although the homeowner of the property raises a number of issues in this appeal, we affirm the trial court’s judgment.

Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Mary L. Wagner
Shelby County Court of Appeals 11/29/22
Angela Marie Heisig v. Andrew Carl Heisig

E2021-00925-COA-R3-CV

This appeal requires interpretation of a clause in the parties’ marital dissolution agreement. The final decree, entered in January 2018, incorporated the parties’ agreement awarding the wife $130,000 from the husband’s 401(k). After several rounds of qualified domestic relation orders and other court orders, the trial court ultimately held that the wife was entitled to $130,000 plus approximately four months of statutory interest. The wife appealed, seeking earnings on the $130,000 in addition to interest. We affirm the judgment of the trial court.

Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Kyle E. Hedrick
Hamilton County Court of Appeals 11/29/22
In Re Cayson C., Et Al.

E2022-00448-COA-R3-PT

This appeal concerns the termination of a mother’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Grainger County (“the Juvenile Court”) seeking to terminate the parental rights of Pamela C. (“Mother”) to her minor children Cayson S.-C. and Chaston C. (“the Children,” collectively). After a hearing on the termination petition, the Juvenile Court entered an order terminating Mother’s parental rights to the Children. Mother appeals. We vacate the ground of failure to manifest an ability and willingness to assume custody because the Juvenile Court failed to make specific findings regarding the second prong of that ground. We find that all other grounds found by the Juvenile Court were proven by clear and convincing evidence. We find further, as did the Juvenile Court, that termination of Mother’s parental rights is in the Children’s best interest. We affirm as modified.

Authoring Judge: Judge D. Michael Swiney, C.J.
Originating Judge:Judge Steven Lane Wolfenbarger
Grainger County Court of Appeals 11/28/22
Suzanne R. Vance v. Sally Ann Blue et al.

M2021-00064-COA-R3-CV
Co-owners sought partition of their real property. They agreed that the property, a singlefamily
home, could not be partitioned in kind. But they disagreed on the appropriate
remedy. One owner asked the court to order a public sale and divide the proceeds between
the parties. The other owner sought permission to buy out her co-owner’s interest. The
court declined to order a sale. Instead, based on the equities, it directed one owner to buy
out the other owner’s interest at a fixed price. Because the court’s decision contravened
the partition statutes, we reverse in part, affirm in part, and remand for further proceedings.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Russell T. Perkins
Davidson County Court of Appeals 11/28/22
In Re Melvin M. et al.

M2021-01319-COA-R3-PT
A father appeals the termination of his parental rights to his two children. The juvenile
court concluded that there was clear and convincing evidence of five statutory grounds for
terminating his parental rights. The court also concluded that there was clear and
convincing evidence that termination of the father’s parental rights was in the children’s
best interest. On appeal, although we conclude that there is not clear and convincing
evidence to support three of the grounds, clear and convincing evidence supports the
remaining grounds for termination and the best interest determination. So we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Sheila Calloway
Davidson County Court of Appeals 11/28/22
Jessica Marie Forsythe, et al. v. Jackson Madison County General Hospital District, et al.

W2021-01228-COA-R3-CV

The trial court granted the defendant medical providers summary judgment on the basis of the plaintiff s failure to comply with the Tennessee Health Care Liability Act's pre-suit notice and good faith certificate requirements. On appeal, the plaintiff, an employee of the defendants, argues that her claim does not relate to the provision of health care services and that she was therefore not required to give pre-suit notice or file a good faith certificate. Because we conclude that the trial court did not err in determining that the claim is related to the provision of health care services, we affirm.

Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Roy B. Morgan, Jr.
Madison County Court of Appeals 11/28/22