APPELLATE COURT OPINIONS

This case involves a petition to terminate parental rights.  The petition was filed by the Tennessee Department of Children’s Services against the biological mother of three minor children.  The petition listed seven grounds for termination of the mother’s parental rights.  After a final hearing on the petition, the trial court terminated Mother’s parental rights, finding five grounds for termination: (1) abandonment by failing to visit; (2) persistence of conditions; (3) substantial noncompliance with a permanency plan; (4) failure to manifest an ability or willingness to parent; and (5) severe child abuse.  We affirm the trial court in part, reverse in part, and remand.

The trial court terminated a father’s parental rights to his child on the grounds of (1) persistence of conditions, (2) failure to manifest an ability and willingness to personally assume custody or financial responsibility, (3) substantial noncompliance with the permanency plan, and (4) abandonment by wanton disregard. The trial court also found that termination of the father’s parental rights was in the child’s best interest. Although we reverse three of the termination grounds, we affirm the trial court’s conclusion that clear and convincing evidence supports a finding of abandonment by wanton disregard. We also affirm the trial court’s determination that the termination of the father’s parental rights is in the best interest of the child.

This appeal involves a complaint filed by a pro se plaintiff. After two hearings, the trial court entered an order granting the defendants’ motions to dismiss. The plaintiff appeals. We affirm.

This interlocutory appeal concerns the trial court’s refusal to enforce a forum selection clause contained in a stock bonus transfer agreement in this action arising out of the termination of the plaintiff’s employment. The defendants filed a motion to dismiss for improper venue, citing the forum selection clause, which specified New York as the sole venue for litigating claims. The trial court denied the motion to dismiss. The defendants appeal. We affirm the decision of the trial court.

This appeal concerns the dismissal of one of the defendants involved in the underlying case. Because there is no written order evidencing how the operative claims against the subject defendant were resolved, we vacate the trial court’s dismissal of the defendant and remand for further proceedings not inconsistent with this Opinion.

In this post-divorce, child custody case, Appellant/Father filed a petition to modify the permanent parenting plan, seeking equal parenting time. Appellee/Mother opposed the petition. The trial court held that there had been a material change of circumstance and awarded Father additional parenting time, but not equal parenting time. On appeal, Father asserts that the trial court failed to consider the statutory best interest factors. Tenn. Code Ann. § 36-6-106(a). Although we leave undisturbed the portion of the trial court’s order concerning a material change of circumstance, the trial court’s failure to make best interest findings in compliance with Tennessee Rule of Civil Procedure 52.01 precludes any meaningful appellate review of that question. Accordingly, we vacate the order and remand for entry of an order that includes the required findings of fact and conclusions of law.

Relying on an inapplicable statute, the plaintiff asked the court to order a limited liability company to produce records for his inspection.  Claiming that the plaintiff had never been a member, the LLC denied that he was entitled to access its records.  After a bench trial, the court found that the plaintiff was a member and entitled to inspect and copy the records.  So the court ordered the LLC to allow the inspection and to pay the plaintiff’s costs and attorney’s fees incurred in filing suit.  The evidence does not preponderate against the court’s finding that the plaintiff was a member at formation of the LLC.  But because the relief was sought under an inapplicable statute, we vacate the inspection order and the award of attorney’s fees. 

Members of a nonprofit corporation sought to compel production of election records from the election of the corporation’s board of directors. The trial court ordered production of the records pursuant to a protective order. This Court granted the Rule 10 appeal to determine whether production of the election ballots is required under the Tennessee Nonprofit Corporation Act, whether the members have a privacy right with respect to their votes, and whether the trial court’s protective order protects that privacy right. We hold that production of the ballots is required under the statute, members have a limited privacy right with respect to their votes, and the protective order protects that right.

This case involves a dispute over a parcel of real property. The appellant filed suit alleging fraudulent conveyance of the property. The trial court granted a judgment in favor of the appellee, finding that the appellant did not meet her burden of proof to establish fraud, undue influence, or lack of capacity. For the reasons stated herein, we affirm the trial court’s decision. Additionally, we award the appellee her attorney’s fees on appeal.

This is an appeal from the trial court’s entry of a permanent parenting plan involving one minor child. The trial court named the father primary residential parent of the minor child and entered a parenting plan awarding equal co-parenting time and ordering the child’s enrollment in the father’s school of choice. The mother appealed. Upon our review, we vacate the order of the trial court and remand for entry of sufficient findings of fact and conclusions of law to facilitate appellate review.

This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment for failure to establish a suitable home; (2) the persistence of conditions which led to removal; (3) substantial noncompliance with the permanency plan; (4) failure to manifest an ability and willingness to care for the child; and (5) a present mental condition affecting the mother’s ability to adequately parent. The court also found that termination was in the best interest of the child. We affirm the trial court.

This case involves an action filed by homeowners against their contractor for breach of contract regarding the installation of a swimming pool.  The general sessions court entered judgment for plaintiffs. Defendant appealed to the circuit court which also entered judgment for the plaintiffs.  The defendant appeals.  We affirm.

This action was initiated by the mother’s filing of a petition for the return of custody of her minor child. The trial court granted the petition. The maternal grandmother moved to set aside the judgment. The court denied the motion by order and later entered an amended order, correcting errors. The mother appeals the final order. We dismiss the appeal.

A review of the record on appeal reveals that the order appealed from does not constitute a final appealable judgment. As such, this Court lacks jurisdiction to consider this appeal.

This consolidated appeal involves termination of parental rights in a case focusing on Zayne R., the minor child of Brittney R. (“Mother”) and Joseph D., and Matthew K., the minor child of Mother and Joshua K. In June 2019, Mother’s parents, Larry R. (“Grandfather”) and Bertha R. (“Grandmother”) (collectively, “Grandparents”), filed two petitions in the Hamilton County Circuit Court (“trial court”), seeking termination of Mother’s parental rights, respectively, to Zayne R. and Matthew K. (collectively, “the Children”). The Children had previously been removed from Mother’s custody and placed in the custody of Grandparents pursuant to an order entered by the Hamilton County Juvenile Court (“juvenile court”). Following a consolidated bench trial, the trial court granted Grandparents’ termination petitions based upon its finding by clear and convincing evidence that Mother had abandoned the Children by failing to visit and by failing to financially support them during the statutorily determinative period. The trial court further found that it was in the Children’s best interest to terminate Mother’s parental rights. Mother has appealed. Discerning no reversible error, we affirm the trial court’s final orders terminating Mother’s parental rights.

This is a divorce case. Husband/Appellant appeals the trial court’s: (1) pre-trial procedural rulings; (2) characterization of certain assets as marital property; and (3) equitable division of the marital estate. Discerning no reversible error, we affirm.

The trial court dismissed the plaintiffs’ conversion claim in accordance with Rule 12.02(6) of the Tennessee Rules of Civil Procedure, determining that it was filed outside the applicable three-year statute of limitations. We affirm.

Appellant, acting pro se, appeals the trial court’s dismissal of his legal malpractice action against Appellee, the attorney who represented Appellant in post-conviction matters related to his criminal case. The trial court held that Appellant’s lawsuit was barred by the running of the one-year statute of limitations. Tenn. Code Ann § 28-3-104(c)(1). Discerning no error, we affirm and remand. 

This is the second appeal from a termination of parental rights case. In the first appeal, we remanded the case with instructions for the trial court to make the requisite written findings of fact and conclusions of law. On remand, the trial court found that the ground of abandonment by willful failure to visit had been proven and that termination of Mother’s parental rights was in the best interest of the child. In this appeal, Mother argues that the trial court failed to analyze the best interest factors and how they applied to the facts of the case. After a thorough review of the record and applicable law, we affirm.

Mother appeals the termination of her parental rights on the grounds of severe abuse, abandonment by failure to visit and support, persistence of conditions, and failure to manifest an ability and willingness to assume physical custody or financial responsibility for the child. We affirm the trial court’s rulings as to both grounds for termination and best interest.

A subcontractor that performed concrete and site work on a hotel construction project filed a lien on the property and then commenced this action against the general contractor and the owner of the property to recover sums due on the balance of the subcontract, for additional change order work, and interest. The claims relevant to the issues on appeal are against the owner for unjust enrichment and to enforce the lien. After obtaining a default judgment against the now defunct general contractor, the subcontractor moved for summary judgment on its claims against the owner. The owner contended that summary judgment was not proper because there were genuine issues of material fact concerning the amount owed to the subcontractor and whether the change orders had been approved. The court found it undisputed that the subcontractor performed work, in addition to that paid by the owner to the general contractor, for which the subcontractor was not paid; and that the owner received and appreciated a benefit from the services rendered by the subcontractor. Based on these findings, the trial court held that the subcontractor satisfied its burden of proving that the property owner was unjustly enriched. Accordingly, the trial court granted summary judgment in favor of the subcontractor on its claims of unjust enrichment and to enforce its lien. We affirm the trial court in all respects.

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Anderson County (“the Juvenile Court”) seeking to terminate the parental rights of Nicole M. (“Mother”) and Joseph M. (“Father”) to their minor son Evan M. (“the Child”). After a hearing, the Juvenile Court entered an order finding a host of grounds for termination against Mother and Father. These grounds were based largely on proof of substance abuse and domestic violence. The Juvenile Court also found that termination of Mother and Father’s parental rights is in the Child’s best interest. Mother and Father appeal. We affirm the Juvenile Court as to certain grounds for termination found against Mother and Father. However, we reverse certain other grounds for lack of clear and convincing evidence. In addition, we affirm the Juvenile Court’s finding that termination of Mother and Father’s parental rights is in the Child’s best interest. We thus affirm, in part, and reverse, in part, the judgment of the Juvenile Court, the result being we affirm the termination of Mother and Father’s parental rights to the Child.

This case involves a post-divorce complaint to enforce the parties’ Marital Dissolution Agreement (“MDA”), which was executed in 2005 in Shelby County, Tennessee. The complaint was filed in the Shelby County Circuit Court (“trial court”) by the wife and the parties’ adult son. The husband, now a resident of Hamblen County, Tennessee, filed a motion to dismiss based on, inter alia, lack of personal jurisdiction, improper venue, and expiration of the statute of limitations. The husband also subsequently filed an answer to the complaint, denying that the wife was entitled to relief and asserting various affirmative defenses. The trial court denied the husband’s motion to dismiss, determining that jurisdiction was proper in Shelby County. The court further found that the husband had breached the terms of the MDA and that the complaint was not time-barred. The court ordered the husband to procure life insurance for the benefit of the parties’ son within thirty days and to cooperate with the wife’s procurement of additional life insurance on the husband’s life. The court also ordered the husband to pay the wife’s attorney’s fees. The husband has appealed. Determining that the applicable statute of limitations had expired before the complaint was filed, we reverse the trial court’s judgment and remand for entry of a judgment of dismissal.

A father filed a petition to change the surname of his nonmarital child. After the trial court granted the father’s petition, the mother appealed. Finding that the father failed to meet his burden of establishing that a surname change was in the child’s best interest, we reverse.

A mother appeals the juvenile court’s decision to terminate her parental rights. She challenges the juvenile court’s determination by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the juvenile court’s termination of the mother’s parental rights.