Severiano Martinez Rubio Et Al. v. BB&J Holdings, Et Al.
This is a case for the enforcement of a restrictive covenant prohibiting commercial use of lots in a residentially restricted neighborhood. The trial court awarded the plaintiffs nominal damages in the sum of $500 against one defendant and denied the plaintiffs’ requests for specific equitable performance and injunctive relief and for punitive damages. The plaintiffs appeal. We affirm. |
Hamblen | Court of Appeals | |
Federal National Mortgage Association v. Connie Mundy Et Al.
Generally at issue in this litigation is the propriety of a foreclosure. The trial court held that summary judgment should be entered in the appellee’s favor due to, among other things, the appellant’s lack of standing. The appellant’s principal brief only raises issues connected to the trial court’s determination on standing, although even these issues have now been disclaimed by the appellant on appeal. We therefore affirm the trial court’s judgment. |
Hamilton | Court of Appeals | |
Renee Downs v. Glenn J. Williams, M.D., et al.
This is an appeal of a health care liability case. Although the matters presented for our review were taken under advisement following oral argument, we hereby dismiss the appeal with prejudice pursuant to the stipulation of the parties. |
Shelby | Court of Appeals | |
Samuel Chandler, et al. v. Cynthia Perkins Frazier a/k/a Cynthia Edwards
This case involves a pro se complaint to quiet title filed by several plaintiffs challenging a deed that was executed over twenty years ago. This is the second appeal in this matter. After the plaintiffs’ claims were dismissed in 2016, only one plaintiff/appellant appealed to this Court. The remaining plaintiffs did not participate in the first appeal. The matter was remanded for findings of fact and conclusions of law, and the appellant died at some point. After a second order of dismissal was entered containing the requisite findings, the instant appeal was filed by counsel purportedly on behalf of the original plaintiffs. We conclude that the appeal must be dismissed because the plaintiffs who did not participate in the first appeal are bound by the first order of dismissal, which became final as to them when they did not appeal. Also, the sole appellant from the first appeal has died, and the attorney who filed the notice of appeal has admittedly never communicated with the appellant or anyone acting on behalf of his estate. As such, this appeal is hereby dismissed. |
Shelby | Court of Appeals | |
John Doe v. Jane Roe
This appeal involves review of a trial court’s denial of the defendant’s motion to dismiss plaintiff’s lawsuit pursuant to the Tennessee Public Participation Act. The trial court determined that the Tennessee Public Participation Act was not applicable and denied the motion, finding that the defendant’s activity was not protected. The defendant now appeals, contending that the underlying matter involves the exercise of her right to free speech and her right to petition. We agree and find that the defendant engaged in protected activity in the filing of a Title IX complaint. Because we find that the defendant’s appeal is limited to that part of the trial court’s judgment relating to the allegations in plaintiff’s lawsuit concerning defendant’s Title IX complaint, we reverse in part the trial court’s cited basis for denial and remand for further proceedings consistent with this Opinion and the Tennessee Public Participation Act. |
Davidson | Court of Appeals | |
In Re Evella S. Et Al.
Grandparents sought to terminate the parental rights of a mother and a father to their two children on the statutory ground of abandonment. The trial court found clear and convincing evidence that Mother had abandoned the children by failure to visit or support them during the four months preceding the filing of the termination petition. The court also found clear and convincing evidence that Father had abandoned the children by exhibiting wanton disregard for their welfare. And the court ruled that termination of both parents’ rights was in the children’s best interest. Because Mother proved that her failure to visit was not willful and her support under the circumstances was not “token,” we reverse the termination of Mother’s parental rights. But the record contains clear and convincing evidence that Father abandoned the children by exhibiting wanton disregard for their welfare and that termination is in the children’s best interests. So we affirm the termination of Father’s parental rights. |
Warren | Court of Appeals | |
James David Lucy v. Lea Kiele Miu Ling Lucy
In this divorce action, the husband appeals the trial court’s award of alimony in futuro to the wife. Because the trial court’s final order contains no findings of fact or conclusions of law to support its alimony award under Rule 52.01 of the Tennessee Rules of Civil Procedure, we vacate the alimony award and remand this case to the trial court for the entry of a more detailed order. |
Obion | Court of Appeals | |
Charles Clifton v. Tennessee Farmers Mutual Insurance Company
In this action for breach of an insurance policy, the trial court granted summary judgment in favor of the defendant insurance company upon finding that, pursuant to an occupancy clause, the insurance policy had become “automatically void” when the plaintiff homeowner had vacated the insured residence and had allowed other individuals to occupy the insured residence without obtaining the insurance company’s written consent. The trial court subsequently certified its summary judgment order as final, pursuant to Tennessee Rule of Civil Procedure 54.02, determining that although the plaintiff’s claims were dismissed, the insurance company would be allowed to pursue a counter-complaint it had filed against the plaintiff. The plaintiff has appealed. Discerning no reversible error, we affirm. |
Warren | Court of Appeals | |
Richard L. Branson, Jr. Et Al. v. Wayne Rucker Et Al.
In this action involving a collision between an automobile and a bull that escaped its enclosure and entered the roadway, the trial court granted summary judgment in favor of one of the defendants, who had maintained a leasehold interest in the property from which the bull escaped. The trial court determined that no genuine issues of material fact were in dispute and that the defendant was entitled to judgment as a matter of law because the plaintiffs had failed to show that the defendant owned the bull in question and because the defendant had terminated the lease before the accident occurred. The plaintiffs have appealed. Discerning no reversible error, we affirm. |
Union | Court of Appeals | |
State of Tennessee v. Julia Hurley, Loudon County Commissioner For The 2nd Judicial District
We granted this extraordinary appeal to determine whether the trial court erred in denying the defendant’s motion to dismiss for lack of subject matter jurisdiction. Because the trial court considered the proper statute, the relevant facts, and the arguments advanced by the parties, we conclude that the application for an extraordinary appeal was improvidently granted. We therefore dismiss this appeal. |
Loudon | Court of Appeals | |
Gary Wayne Garrett v. Tennessee Board of Parole
An inmate petitioned for a common law writ of certiorari after the Tennessee Board of Parole denied him parole. The trial court dismissed the petition. In this appeal, the inmate argues that the Board’s action was illegal and arbitrary and that the rules and procedures in place at the time of his crimes should have governed his parole. We affirm the dismissal of the petition. |
Davidson | Court of Appeals | |
David Jernigan, As Next Of Kin and Surviving Husband To Jane Ann Jernigan, deceased v. Robert Evan Paasche, M.D., Et Al.
In this health care liability action, an initial jury trial resulted in a verdict for the defendant physicians. The plaintiff filed a motion for new trial, which the trial court granted. Prior to the second jury trial, the trial court determined that the trial should be bifurcated such that the first phase would address only the applicable standard of care and whether the defendants deviated therefrom, and the second phase would address causation. Following completion of the standard of care phase, the jury again ruled in favor of the defendants. The plaintiff filed a second motion for new trial, which the trial court denied. The plaintiff timely appealed. Discerning no reversible error, we affirm. |
Putnam | Court of Appeals | |
In Re Elijah R.
This appeal involves the termination of a father’s parental rights to his son. The trial court found grounds for termination based on persistent conditions and failure to manifest a willingness and ability to assume custody or financial responsibility. It also found by clear and convincing evidence that termination was in the best interest of the child. We reverse the trial court’s finding of persistent conditions but otherwise affirm the termination of parental rights and remand. |
Washington | Court of Appeals | |
Nandigam Neurology, PLC Et Al. v. Kelly Beavers
This case arises from a defamation and false light lawsuit filed in the General Sessions Court for Wilson County (the “general sessions court”). The action was dismissed pursuant to the Tennessee Public Participation Act (the “TPPA”) and the plaintiffs appealed the dismissal to the Circuit Court for Wilson County (the “circuit court”). After concluding that it lacked subject matter jurisdiction to hear the appeal, the circuit court transferred the case to this Court. On appeal, the parties dispute whether this Court has subject matter jurisdiction, and the defendant argues that the ruling of the general sessions court should be affirmed. We conclude that this Court has subject matter jurisdiction to decide this appeal and, discerning no error, we affirm the decision of the general sessions court dismissing the plaintiffs’ legal action pursuant to the TPPA. |
Wilson | Court of Appeals | |
Wilmington Savings Fund Society Et Al. v. Estate of Sallie L. Miller
This is a detainer action concerning real property owned by the decedent and sold at a trustee’s sale. The trial court granted possession of the property to the purchaser. We now affirm the decision on appeal. |
Knox | Court of Appeals | |
Sam B. Crenshaw v. Saad Kado et al..
This appeal concerns a foreclosure sale of the plaintiff’s property. The defendants filed motions to dismiss the plaintiff’s action alleging, in part, that the action violated the statute of limitations. In response, the plaintiff alleged that his action was timely due to equitable estoppel. The Trial Court granted the defendants’ motions and dismissed all of the plaintiff’s claims against the defendants. Taking the facts alleged in the plaintiff’s complaint as true, the plaintiff pled sufficient facts in his complaint to support a claim of equitable estoppel for purposes of the statute of limitations. Therefore, we hold that the Trial Court erred by granting the defendants’ motions to dismiss filed pursuant to Tennessee Rule of Civil Procedure 12.02(6). |
Knox | Court of Appeals | |
Jeremy James Dalton v. Clerks Of Courts In Fentress County Et Al.
Appellant, acting pro se, appeals the trial court’s dismissal of his writ of mandamus for failure to state a claim and to comply with procedural requirements. We do not reach the merits of the appeal due to Appellant’s failure to comply with the briefing requirements outlined in Rule 6 of the Rules of the Court of Appeals of Tennessee and Rule 27 of the Tennessee Rules of Appellate Procedure. |
Fentress | Court of Appeals | |
Carol Buckley v. The Elephant Sanctuary In Tennessee, Inc.
In this Rule 10 extraordinary appeal, the plaintiff seeks review of the trial court’s decision to grant a new trial on the basis of an improper comment made during closing arguments, despite the fact that a curative instruction was given. Having reviewed all of the grounds asserted in support of the motion for new trial, we conclude that the trial court abused its discretion in granting the motion. |
Lewis | Court of Appeals | |
Allan F. White Jr. Et Al. v. Bradley County Government Et Al.
A police officer pursued and shot a man whom she encountered outside her home at two in the morning. After the man died from his injuries, his parents and estate brought suit in the Bradley County Circuit Court against the officer, the sheriff who supervised her, and the county, alleging negligence and violation of the man’s rights under federal law and the United States Constitution. Defendants removed the case to the United States District Court for the Eastern District of Tennessee (“the district court”). The district court granted summary judgment for the defendants on the federal civil rights claims and remanded the state law tort claims to the Circuit Court. On remand to the Circuit Court, the claims against the sheriff were voluntarily dismissed and the remaining defendants moved for summary judgment. In reliance on the district court’s legal conclusions, the Circuit Court granted summary judgment to the police officer based on the doctrine of collateral estoppel and to the Bradley County government based on governmental immunity. Plaintiffs appealed. On appeal, we hold that collateral estoppel bars the claims against both the police officer and the county. Accordingly, we affirm. |
Bradley | Court of Appeals | |
John C. Helton v. Esther R. Helton
This is an appeal from the trial court’s judgment finding Husband in civil contempt for his failure to comply with certain monetary obligations under the parties’ final decree of divorce. In addition to finding Husband in contempt, the court entered a monetary judgment against Husband and awarded Wife attorney’s fees in connection with the proceedings. Husband argues that the trial court erred in finding him in civil contempt, contending that he does not have the present ability to pay. He does not object to any other aspect of the trial court’s order, including the judgment entered against him. For her part, Wife raises an issue regarding the amount of the trial court’s award of her attorney’s fees. We vacate the trial court’s finding Husband in civil contempt and remand for reconsideration of Husband’s ability to pay, and we further vacate the trial court’s award of Wife’s attorney’s fees and remand for reconsideration. |
Hamilton | Court of Appeals | |
In Re Aayden C. Et Al.
In this termination of parental rights action, the mother has appealed the juvenile court’s final order terminating her parental rights to the minor children, Aayden C. and Patrick C. (“the Children”), based on three statutory grounds. On October 11, 2019, the Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the mother’s and the father’s parental rights to the Children. Following a bench trial, the juvenile court found that statutory grounds existed to terminate the parental rights of both parents upon its determination by clear and convincing evidence that the mother and the father (1) had abandoned the Children by failing to provide a suitable home; (2) were in substantial noncompliance with the permanency plans; and (3) had failed to manifest an ability and willingness to personally assume custody of or financial responsibility for the Children. The juvenile court further found by clear and convincing evidence that it was in the Children’s best interest to terminate the parental rights of both parents.1 The mother has appealed. Discerning no reversible error, we affirm. |
Sevier | Court of Appeals | |
Gene Lovelace Enterprises, LLC Et Al. v. City of Knoxville Et Al.
This is the second appeal of this action concerning the enforceability of a licensing ordinance applicable to sexually oriented businesses in the City of Knoxville. The trial court found the ordinance lawful upon remand from this court and granted summary judgment in favor of the City. We affirm. |
Knox | Court of Appeals | |
Frederick Jones Et Al. v. Reda Homebuilders, Inc.
Appellants purchased a home from Appellee home builder and later discovered numerous defects in the construction of the home. Appellants sued Appellee for breach of contract, breach of warranty, and negligence, and the trial court entered judgment in favor of Appellants. Appellants appeal the trial court’s denial of their motion for attorney’s fees under the provisions of the parties’ contract. Appellee appeals the trial court’s award of damages as speculative. We affirm the trial court’s award of damages in favor of Appellants and reverse the trial court’s denial of Appellants’ motion for attorney’s fees. |
Montgomery | Court of Appeals | |
In re Anna H., et al.
This case involves a petition to terminate parental rights. The petition was filed by the children’s biological father and stepmother against the biological mother. The trial court terminated the mother’s rights, finding that the mother abandoned the children under Tennessee Code Annotated section 36-1-113(g)(1) and -102(1)(A)(iv) and that termination was in the best interest of the children. We affirm the trial court’s decision and remand. |
Anderson | Court of Appeals | |
In Re Brittany W. Et Al.
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 Cocke County (“the Juvenile Court”) seeking to terminate the parental rights of Jamie W. (“Mother”) to her minor children, Brittany W. and Isaiah W. (“the Children,” collectively). After a hearing, the Juvenile Court entered an order terminating Mother’s parental rights on three grounds. Mother appeals, arguing that termination of her parental rights is not in the Children’s best interest. We find, first, that the grounds found against Mother were proven by clear and convincing evidence. We find further, also by clear and convincing evidence, that termination of Mother’s parental rights is in the Children’s best interest. We affirm the Juvenile Court. |
Cocke | Court of Appeals |
