COURT OF APPEALS OPINIONS

Fred Hayward v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System Et Al.
E2022-00488-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Kyle E. Hedrick

This health care liability action was brought against a hospital and a physician. The
plaintiff sent pre-suit notice to three1 potential defendants prior to initiating the action. The
trial court found, however, that the plaintiff failed to include as part of the pre-suit notice
a HIPAA-compliant medical authorization because one of the six core elements was
incorrect on the authorization. Following a motion to dismiss filed pursuant to Tenn. R.
Civ. P. 12.02(6), the trial court granted the motion and dismissed the action against the
defendant hospital due to noncompliance with Tenn. Code Ann. § 29-26-121. The plaintiff
argues, among other things, that he should have been allowed to conduct limited discovery
in order to determine whether the defendant hospital had been prejudiced by his failure to
provide a HIPAA-compliant medical authorization. We vacate the trial court’s grant of the
motion to dismiss and hold that the plaintiff should have been permitted to conduct limited
discovery regarding whether prejudice existed for the trial court to consider in its
determination of whether the plaintiff substantially complied with the pre-suit notice
requirements of Tenn. Code Ann. § 29-26-121.

Jane Doe v. John David Rosdeutscher, M.D., Et Al.
M2022-00834-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Senior Judge William B. Acree

All of the claims asserted in this action arise from a prior healthcare liability action in which Jane Doe (“Plaintiff”) sued Dr. John Rosdeutscher and his medical group for damages resulting from breast reduction surgery. In the action now on appeal, the complaint asserts claims for invasion of privacy, abuse of process, intentional or reckless infliction of emotional distress, and breach of contract against Dr. Rosdeutscher, his medical group, and the attorneys who represented them in the prior healthcare liability action. All of Plaintiff’s claims pertain to the fact that the defendants filed Plaintiff’s medical records in the healthcare liability action, which included nude photographs of Plaintiff and details about her sexual and mental health history—information that Plaintiff contends had “nothing to do” with her healthcare liability claims. The defendants responded to the complaint by serving a Tennessee Rule of Civil Procedure 11 notice on Plaintiff’s counsel. Shortly thereafter, the defendants filed a Tennessee Rule of Civil Procedure 12.02 motion to dismiss all claims on various grounds. The trial court granted the Rule 12 motion, dismissed all claims, and assessed $10,000 in damages pursuant to Tennessee Code Annotated § 20-12-119 against Plaintiff. The trial court also assessed Rule 11 sanctions against Afsoon Hagh, Plaintiff’s attorney, in the additional amount of $32,151.67. Plaintiff appealed; her attorney did not. Finding no error, we affirm. We also find this appeal to be frivolous and remand for further proceedings consistent with this opinion, including a determination of the reasonable and necessary attorney’s fees and expenses incurred by the defendants in defending this appeal and entry of judgment thereon.

In Re Conservatorship of Kimelah M.
W2022-00292-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Karen D. Webster

Appellant appeals the decision of the probate court to name other parties as the conservators of her daughter on the basis that the trial court improperly placed time limitations on the presentation of proof at the final hearing. Because Appellant has failed to show any reversible error in the trial court’s decision, we affirm.

Ben C. Adams v. Buchanan D. Dunavant, et al. v. Watson Burns, PLLC, et al.
W2023-00304-COA-T10B-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Joe Townsend

Two law firms seek accelerated interlocutory review of the denial of their motion to
disqualify the trial judge. Because there is a reasonable basis for questioning the judge’s
impartiality, we reverse and remand for reassignment.

21st Mortgage Corporation v. Catrina Ford ET AL.
W2022-00168-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Mary L. Wagner

This case involves a dispute over a parcel of real property. Because of the profound
deficiencies with Appellants’ brief, we dismiss the appeal and remand the case to the trial
court for a determination of damages under Tennessee Code Annotated section 27-1-122.

Dora Bannor v. Philip Bannor
E2022-00507-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Ward Jeffrey Hollingsworth

This appeal arises from a divorce case. The wife filed a complaint for divorce alleging
irreconcilable differences and inappropriate marital conduct. The trial court granted a
divorce to the wife on the ground of inappropriate marital conduct, divided the marital
estate, awarded alimony, and entered a judgment for unpaid child support. The husband
appeals. We affirm in part, vacate in part, and remand for further proceedings consistent
with this opinion.

Craig Charles, Et Al. v. Raymond Keith McCrary, Et Al.
E2022-01623-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge James E. Lauderback

The trial court clerk notified this Court that a final judgment has not been entered. This
Court ordered the appellant to show cause why this appeal should not be dismissed.
Appellant failed to respond to our show cause order. As no final judgment has been
entered, this Court lacks jurisdiction to consider this appeal.

Stephanie Barrett v. Ronald Killings
M2022-00946-COA-R3-JV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Sheila Calloway

A mother relocated less than fifty radial miles, but more than fifty driving miles, from the father. The trial court held that the parental relocation statute applied because the mother relocated more than fifty miles away and, even if she had not, she moved close enough to fifty miles that application of the relocation statute was appropriate. We find that the radial distance should be used to determine whether the relocation statute is triggered. By that standard, the mother did not move more than fifty miles away, and the relocation statute does not apply. Therefore, we reverse the trial court’s decision.

Shequinta Patterson v. Yazid M. Sajiid El
M2022-01678-COA-R3-JV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Travis Macon Lampley

A mother appeals an order setting aside a default judgment. Because the order does not resolve all of the claims between the parties, we dismiss the appeal for lack of a final judgment.

Betty Fry, et al. v. Nancy Neely, et al.
W2021-00870-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor JoeDae L. Jenkins

After the trial court issued a temporary injunction affirming a trust’s appointment of a new
trustee, the former trustee’s attorney in other matters sent a letter to financial institutions
holding trust assets. The letter stated that the attorney represented the trust, construed the
trial court’s order as being without factual basis or legal authority, and requested the
institutions freeze the trust’s assets. Trust beneficiaries and the new trustee brought a
motion to hold the former trustee and the attorney in civil contempt. Finding that the former
trustee was unaware of the letter, but that the attorney meant the letter to thwart the efforts
of the new trustee in violation of the trial court’s order, the trial court granted the motion
only as to the attorney, who was ordered to pay attorney’s fees related to remedying the
effects of the letter. Discerning no reversible error in the trial court’s judgment, we affirm.

In Re B.D.M.
E2022-00557-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Brian J. Hunt

Father appeals the termination of his parental rights. The trial court found multiple grounds
for termination, including abandonment by failure to provide a suitable home, substantial
noncompliance with the permanency plan, persistence of conditions, failure to manifest a
willingness and ability to assume custody, and mental incompetence. The trial court also
found that it was in the best interests of the child to terminate Father’s parental rights. We
conclude that clear and convincing evidence supports each of the grounds for termination
found by the juvenile court and the juvenile court’s determination that termination is in the
best interest of the child. Accordingly, we affirm.

In Re Estate of Thomas Edwin Blackwell
E2023-00405-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Dwaine Thomas

Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction
to consider this appeal.

In Re A'ziya G. Et Al.
M2022-01282-COA-R3-PT
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Sheila Calloway

This is a termination of parental rights case. The trial court terminated Mother’s parental rights to her two children on the grounds of abandonment under Tennessee Code Annotated section 36-1-113-(g)(1); substantial noncompliance with the permanency plans under section 36-1-113(g)(2); persistence of conditions under section 36-1-113(g)(3); and the failure to manifest an ability and willingness to assume custody under section 36-1- 113(g)(14). The trial court also determined that termination of Mother’s parental rights is in the best interests of the children. Discerning no error, we affirm.

Shams Properties, LLC Et Al. v. All Natural Lawns and Landscapes, LLC Et Al.
M2021-01543-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Kelvin D. Jones

A landlord entered into a commercial lease agreement with a limited liability company. When the company dissolved, one of its former members continued to occupy the leased property but never requested that the lease be assigned to her. Several years later, the landlord sent notice to the property that he was terminating the lease. When the former member of the company refused to vacate the premises, the landlord filed a detainer warrant to recover possession of the property. The former member filed a countercomplaint seeking specific performance of an option to purchase included in the lease agreement. The trial court granted summary judgment to the landlord on the specific performance claim after determining that the former member did not have the right to exercise the option to purchase because she was not the tenant under the lease. After a trial on the issue of whether the landlord terminated the lease agreement, the trial court concluded that the landlord properly terminated the lease agreement and was entitled to possession of the property. The former member appealed, challenging the trial court’s summary judgment determination and the court’s determination that the landlord was entitled to possession of the property. Discerning no error, we affirm the trial court’s decision in all respects.

Richard Hampton v. Hawker Powersource, Inc. Et Al.
E2022-00258-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Kyle E. Hedrick

In this action for breach of an employment contract filed by a plaintiff/employee against
the defendant company/employer and two individual defendants, the trial court entered an
order granting a motion to dismiss filed by the individual defendants. Upon a subsequent
motion filed by the defendant company, the trial court entered an order granting summary
judgment in favor of the company and dismissing the plaintiff’s complaint with
prejudice. The plaintiff has appealed, raising an issue regarding the dismissal of the
individual defendants from the case. Discerning no reversible error, we affirm.

Brenda Lee-Peery v. Metropolitan Government of Nashville and Davidson County
M2022-00551-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a breach of contract action brought by a nontenured teacher against the Metropolitan Government of Nashville and Davidson County (“Metro”) for nonrenewal of her teaching contract for the 2018–2019 school year. The teacher alleges that the nonrenewal of her yearly teaching contract was ineffective because the decision to nonrenew was improperly delegated by the Director of Schools to the principal. The school district contends that the decision to nonrenew is delegable and that the teacher lacks a private cause of action because the school district provided her with timely notice of her nonrenewal. The trial court summarily ruled in favor of the teacher, awarding her damages for breach of contract. The school district appeals, reiterating its same arguments. For the nonrenewal of a nontenured teacher to be effective, the proper authority must make the decision to nonrenew, and the school district must provide timely notice to the teacher. Because the decision to nonrenew requires the Director of Schools to exercise his or her independent judgment and discretion, the Director of Schools may not delegate this authority. In this case, the Director of Schools did not exercise his independent judgment and discretion in the decision to not renew the teacher’s contract; thus, the purported nonrenewal was ineffective. Accordingly, we affirm.

Darry Lee Pogue v. Jessica Simms
M2022-01095-COA-R3-JV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge N. Andy Myrick

This is an appeal from a custody order. In its order, the trial court named Mother the primary residential parent of the parties’ minor child and awarded Father less than equal parenting time. Father appeals, arguing that the trial court failed to maximize his parenting time in accordance with Tennessee Code Annotated section 36-6-106(a). Because we find no indication from the record that the trial court’s disposition was made in consideration of the legislative intent of section 36-6-106(a)’s requirement that courts are to fashion custody arrangements to maximize a parent’s time with their child, we vacate the trial court’s order and remand for reconsideration of Father’s parenting time.

Annie Dowdy v. BNSF Railway Company
W2021-01003-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Robert Samual Weiss

A railroad worker developed cancer after working for thirty years in a railroad yard. The
worker sued the railroad, alleging violations of federal law. She proffered two experts to
prove elements of her claim. The railroad moved to exclude the expert testimony as
unreliable. The railroad also moved for summary judgment, arguing that the worker could
not prove her claim without the testimony of both experts. The trial court excluded the
expert testimony and granted summary judgment. We affirm.

Sarah Boren v. David Wade, Jr.
W2022-00194-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Jerry Stokes

This is a post-divorce criminal contempt case. The trial court found Appellant guilty of
one count of criminal contempt based on Appellant’s alleged violation of the trial court’s
order. Because Appellant’s actions do not, in fact, violate the plain language of the trial
court’s order, we reverse.

Roosevelt Walker v. Shelby County Sheriff Department, et al.
W2022-00466-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Valerie L. Smith

Plaintiff initiated this action related to the alleged misconduct of sheriff’s deputies in
general sessions court. After voluntarily dismissing the general sessions court action, the
plaintiff appealed to the circuit court. The circuit court found that the plaintiff could not
appeal a nonsuit from general sessions court and dismissed the action as barred by the
applicable statute of limitations. We affirm.

Pamela Patteson v. Christopher Patteson
W2022-01187-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Yolanda Kight Brown

This is an appeal from a trial court’s order finding that Husband’s alimony to Wife
constituted alimony in solido and that Husband was in breach of the parties’ marital
dissolution agreement for failure to pay alimony to Wife in accordance with their
agreement. Having reviewed the record before us, we affirm.

Robert L. Pragnell Et Al. v. Joe D. Franklin Et Al.
E2022-00524-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge W. Jeffrey Hollingsworth

In this defamation lawsuit, the defendants filed a petition to dismiss pursuant to the
Tennessee Public Participation Act (“TPPA”). Following the filing of various documents
and declarations by the parties, the trial court denied the petition based upon its analysis
of the burden-shifting framework outlined in the TPPA’s dismissal procedure. The
defendants have appealed. Determining that the trial court’s analysis concerning the
TPPA’s dismissal procedure was incomplete, we vacate the trial court’s judgment and
remand for further proceedings. We affirm the trial court’s determination that the
defendants’ petition to dismiss was not frivolous, and we accordingly decline to award
attorney’s fees and costs to the plaintiffs on appeal.

David Burns v. Ford Construction Company
W2022-00492-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Mark L. Hayes

Appellant/employee brought this retaliatory discharge case against Appellee, his former
employer. Appellant alleged that he was fired in retaliation for claiming workers’
compensation benefits. The trial court granted summary judgment in favor of the
employer, finding that Appellant failed to meet his burden to show a causal connection
between the filing of his workers’ compensation claim and the termination of his
employment. Discerning no error, we affirm and remand.

Timothy Allen Price v. John Robert Hershberger
W2021-01431-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Robert Samual Weiss

This is a breach of contract case. It is undisputed that Appellee performed under the
parties’ contract, and Appellant did not. Appellant raised affirmative defenses, including
waiver, anticipatory breach, and laches. The trial court denied the defenses of waiver and
anticipatory breach, enforced the contract, and entered judgment against Appellant for the
amount due thereunder. The trial court denied Appellee attorney’s fees and costs under the
contract based on the application of laches. We reverse the trial court’s finding of laches.
However, because Appellee did not raise an issue concerning the denial of his attorney’s
fees and costs, we leave undisturbed that portion of the trial court’s order. The trial court’s
order is otherwise affirmed.

Susan B. Ferkin v. Katherine Bell
W2023-00481-COA-T10B-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Damita J. Dandridge

A pro se petitioner seeks accelerated interlocutory review of the denial of her motion to
disqualify the trial judge. After a de novo review, we affirm the denial of the motion for
disqualification.