Sarah Berl v. Thomas Berl
M2023-00558-COA-R3-CV
This appeal stems from a post-divorce custody modification in which the father sought increased parenting time with his minor daughter, I.B. The trial court agreed with the father that a material change in circumstances had occurred and that a modification of the father’s parenting time was warranted. The trial court also awarded the father $15,000.00, or roughly half, of his attorney’s fees incurred in the trial court proceedings. The mother appeals the trial court’s decision. Because the father was, for the most part, the prevailing party at trial and proceeded in good faith, the trial court did not abuse its discretion in awarding the father a portion of his attorney’s fees. We affirm the trial court’s ruling as to attorney’s fees. However, we vacate the portion of the trial court’s final judgment placing a price cap on the minor child’s therapy fees. Consequently, the trial court’s judgment is affirmed as modified. Finally, we decline to award either party their attorney’s fees incurred on appeal.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Deanna B. Johnson |
Williamson County | Court of Appeals | ||
This is a conservatorship case. Appellee hospital filed a petition for appointment of an expedited limited healthcare fiduciary for the Appellant patient because the hospital believed that Appellant could not be safely discharged without assistance. The trial court determined that the appointment of a limited healthcare fiduciary was appropriate and in the Appellant’s best interest. The trial court then granted Appellee’s motion to amend its petition to include the appointment of a conservator. The trial court found that Appellant is an individual with disabilities, and further found that it is in the Appellant’s best interest to have a conservator appointed. Appellant appeals. Discerning no error, we affirm and remand. |
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State of Tennessee v. John R. Farner, Jr.
E1999-00491-SC-R11-CD
The State of Tennessee has filed a petition to rehear asking this Court to reconsider certain
Authoring Judge: Per Curiam
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Supreme Court | ||
Mina Woods and Robert Woods v. World Truck Transfer, Inc. and Edward J. Seigham
M1997-00068-COA-R3-CV
This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By the time the plaintiff provided another summons acceptable to the clerk, the time for filing the complaint and the summons had elapsed. Accordingly, on motion of one of the defendants, the Circuit Court for Davidson County dismissed the personal injury claim because it was time-barred. We have determined that the clerk’s office exceeded its authority when it declined to accept and file the summons and, therefore, that the trial court erred by dismissing the complaint. Accordingly, we vacate the order dismissing the personal injury claims and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | ||
Steven Totty v. The Tennessee Department of Correction and the State of Tennessee
01A01-9504-CV-00139
This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | ||
01C01-9606-CR-00230
01C01-9606-CR-00230
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Supreme Court | |||
State of Tennessee v. Ricky Anderson
W2022-00452-CCA-R3-CD
Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Glenn Ivy Wright |
Shelby County | Court of Criminal Appeals | ||
01C01-9508-CC-00257
01C01-9508-CC-00257
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | ||
David John Erdly v. Janene Marie Erdly - Concurring
01A01-9706-CH-00269
The plaintiff, David John Erdly, has appealed from the judgment of the Trial Court dismissing his suit for divorce, dividing the marital estate, awarding plaintiff child custody and support and awarding the defendant, Janene Marie Erdly, alimony for the remainder of her life. Originating Judge:H. Denmark Bell |
Williamson County | Court of Appeals | ||
State of Tennessee v. Gussie Willis Vann - Dissenting
03S01-9706-CR-00068
I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge R. Steven Bebb |
McMinn County | Supreme Court | ||
James Gant v. Kenneth Broadway, County Executive and Chmn of the Decatur County Commission, et al.
02A01-9701-CH-00007
Petitioner, James Edward Gant, appeals the judgment of the chancery court denying his application for a beer permit.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor J. Walton West |
Decatur County | Court of Appeals | ||
Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting
03S01-9804-CV-00034
It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Earle G. Murphy |
Knox County | Supreme Court | ||
The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving under the influence (DUI), DUI per se, and possession of a firearm while under the influence. Defendant moved to suppress the evidence, arguing that the State did not have probable cause or reasonable suspicion for the traffic stop and that video evidence of Defendant’s driving was erased and deleted as a result of a malfunctioning recording system in Tennessee Highway Patrol (THP) Trooper Joey Story’s patrol car. The trial court concluded that the loss of video evidence constituted a violation of the State’s duty to preserve potentially exculpatory evidence recognized in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and deprived Defendant of the right to a fair trial. The trial court granted the motion to suppress and dismissed the indictment, and the State appealed. We conclude that the video was not lost or destroyed by the State, (2) that a Ferguson violation is not applicable to a suppression hearing based on reasonable suspicion or probable cause for a traffic stop, (3) that the trial court misapplied the “degree of negligence” Ferguson factor by equating perceived public policy decisions on the part of the State to negligence, and (4) that Defendant’s right to a fair trial can be protected without dismissal of the indictment. We reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings. |
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John Doe v. Jane Doe
M2003-01142-SC-S25-BP
The petitioner, an attorney identified as John Doe, filed a petition for contempt alleging violations by the respondent, an attorney identified as Jane Doe, of the confidentiality requirement of Rule 9, section 25 of the Rules of the Tennessee Supreme Court. The Court directed the parties to address as a threshold matter the constitutionality of Rule 9, section 25. After considering the arguments of the parties, the Attorney General and amicus curiae, and analyzing the applicable law, we hold that section 25 of Rule 9 violates free speech protections of Article I, section 19 of the Tennessee Constitution and the First Amendment to the United States Constitution. We further conclude that sanctions for criminal contempt are not appropriate under the circumstances of this case. Accordingly, the petition for contempt is denied.
Authoring Judge: Justice William M. Barker
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Jackson County | Supreme Court | ||
Dorothy Owens, as Conservator of Mary Francis King, et al. v. National Health Corporation, et al.
M2005-01272-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Robert E. Corlew, III |
Rutherford County | Supreme Court | ||
Cybill Shepherd v. Weather Shield Manufacturing, Inc.
W1999-00508-COA-R3-CV
The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint.
Authoring Judge: Special Judge Alan E. Glenn
Originating Judge:Chancellor Walter L. Evans |
Shelby County | Court of Appeals | ||
April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.
02S01-9509-CV-00074
This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
Authoring Judge: Justice Lyle Reid
Originating Judge:Judge James M. Tharpe |
Shelby County | Supreme Court | ||
In Re Zoey O. Et Al.
E2022-00500-COA-R3-PT
Mother appeals the trial court’s termination of her parental rights as to her two oldest
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Timothy E. Irwin |
Court of Appeals |