Elvis Presley Enterprises, Inc., et al. v. City of Memphis, et al. - dissent
The majority chooses to affirm the trial court’s dismissal of the complaint filed by EPE on the basis of the doctrine of res judicata. Because I conclude that an essential element of the doctrine of res judicata has not been established, I must respectfully dissent. |
Shelby | Court of Appeals | |
Vanquish Express, LLC v. Dixie Ohio Xpress, LLC, Et Al.
This is an appeal from the trial court’s denial of the defendants’ motion to set aside an agreed order, which, among other things, dismissed the plaintiff’s complaint with prejudice. Defendants alleged that their former counsel entered into the agreement without their authorization. Finding that the defendants submitted no evidence to support the allegation, the trial court denied the motion. Defendants appeal. We affirm. |
Sumner | Court of Appeals | |
Steven J. Dale v. Sharon K. Ball Dale
In this post-divorce matter, the mother appeals the award of attorney fees to the father, who prevailed in his opposition to the mother’s request to relocate out of state. The mother gave notice to the father that she wanted to move to Arizona while the parties’ competing petitions to modify the parenting plan were pending. The trial court denied the mother’s request to relocate and awarded attorney fees to the father as the prevailing party in the relocation matter. As for the petitions to modify the parenting plan, the court ruled that the mother was the prevailing party and awarded to the mother the attorney fees she incurred in the modification matter. The mother appeals contending she should have been awarded fees in both matters as the “overall” prevailing party. Alternatively, the mother contends the trial court erred by awarding the father attorney fees solely on the basis he was the prevailing party in the relocation matter. Having found the trial court identified and properly applied the most applicable legal principles and that the award of attorney fees to the father was within the range of acceptable alternative dispositions, we affirm. |
Williamson | Court of Appeals | |
Heather P. Hogrobrooks Harris v. Jimmie L. Smith
This appeal arises from a lawsuit over a car accident. Heather P. Hogrobrooks Harris (“Plaintiff”), proceeding pro se, sued Jimmie L. Smith (“Defendant”) in the Circuit Court for Shelby County (“the Trial Court”) for diminution in the value of her vehicle, medical expenses, pain and suffering, loss of use of her vehicle, and negligent infliction of emotional distress. On several occasions over the course of the case, Plaintiff failed to show up to court. When Plaintiff failed to appear for trial, the Trial Court granted a continuance with a warning that, should Plaintiff fail to appear again, her case would be dismissed. Plaintiff subsequently failed to appear, and the Trial Court dismissed her case with prejudice for lack of prosecution, as it warned it would. Plaintiff appeals to this Court, arguing among other things, that the Trial Court Judge was biased against her and that the Trial Court erred in dismissing her case. First, we find no evidence whatsoever that the Trial Court Judge was biased against Plaintiff. Second, Plaintiff’s stated reasons for failing to show up for trial, that it was cold and rainy that day and her car was old and unreliable, respectfully will not suffice. We find no abuse of discretion in the Trial Court’s dismissal of Plaintiff’s case for lack of prosecution. We affirm the judgment of the Trial Court. |
Shelby | Court of Appeals | |
Jonathan M. Thomas v. Kevin Millen
Tenant appeals the dismissal of his appeal from general sessions court for failure to post a bond constituting one year’s rent. Because the posting of a bond constituting one year’s rent is non-jurisdictional, we reverse. |
Shelby | Court of Appeals | |
Battery Alliance, Inc. v. Clinton Beiter, et al.
Defendants appeal the trial court’s denial of its motion for relief from a default judgment. In support of its motion, defendants raised three grounds: (1) that the judgment was void due to improper service of process; (2) that the judgment was void due to improper notice related to the motion for default judgment; and (3) the judgment should be set aside due to mistake, inadvertence, surprise or excusable neglect. A thorough review of the record indicates that the trial court exercised its independent judgment to adjudicate only the first of the three grounds alleged. As such, we vacate the denial of the motion and remand for consideration of the remaining grounds. |
Shelby | Court of Appeals | |
Alan O. Tennessee Department of Children's Services
The Appellant filed suit complaining that the Department of Children’s Services denied him an administrative hearing concerning the determination that he was a child abuser. The trial court ultimately dismissed the Appellant’s petition for review, noting that there had already been a prior judicial determination, by clear and convincing evidence, that the Appellant had committed severe child abuse. We affirm. |
Knox | Court of Appeals | |
Catrice Thomas Dye v. Willie B. Dye, Jr.
The issue in this Tennessee Supreme Court Rule 10B interlocutory appeal is whether the trial court erred in denying a mother’s motion for recusal based upon alleged bias due to the court’s prior employment of and actions by the guardian ad litem. We find no error in the trial court’s ruling. |
Shelby | Court of Appeals | |
Lisa Priestas, et al. v. Kia Properties, LLC, et al.
In this premises liability case, Mr. Priestas, an independent contractor, filed suit against Appellees, the owner/landlord and lessee of a convenience store, seeking damages for injuries he sustained during an attempted robbery at the store. The trial court granted Appellees’ motion for summary judgment, finding that: (1) the lessee did not breach its duty because: (a) Mr. Priestas was an independent contractor; (b) he was aware of the danger at the store; and (c) he was warned that the store had been robbed on several occasions; and (2) the owner/landlord was not liable because of the general rule of non-liability of a landlord for harm caused to a third party on leased premises. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Jimmy Wayne Helton v. Earl Lawson
The plaintiff sued the defendant for negligence after he was injured in a construction accident on the defendant’s property. The defendant claimed that he was not the employer of the plaintiff. Following a trial, the jury returned a verdict in favor of the defendant and awarded the plaintiff no damages. The plaintiff appeals. We reverse the jury’s verdict only as to damages. |
Hawkins | Court of Appeals | |
Ritchie Phillips Et Al. v. Mark Hatfield
In this declaratory judgment action involving neighboring landowners in a residential development, the trial court determined that the restrictive covenants applicable to the development would prevent the defendant from constructing a commercial business on his property. The trial court accordingly entered an injunction preventing the defendant from constructing a business on his real property. The defendant has appealed. Discerning no reversible error, we affirm. |
Sullivan | Court of Appeals | |
Timothy Rosebrough v. Karen Caldwell f/k/a Karen Rosebrough
In this post-divorce custody action, the mother filed a motion seeking to modify the permanent parenting plan to designate her the primary residential parent. During trial, the parents requested that the Trial Court modify the residential parenting schedule. Following trial, the Trial Court entered an order denying the mother’s request to be designated primary residential parent but granting the parties’ request to modify the parenting schedule. Most of the Trial Court’s order consisted of its detailed recitation of the testimony presented during trial, without finding which testimony was credible or otherwise making sufficient findings of fact regarding the evidence presented to support its ruling as to changing the primary residential parent. As such, we find and hold that the March 9, 2018 order does not comply with Tennessee Rule of Civil Procedure 52.01 by including sufficient findings of fact concerning the mother’s motion to modify the permanent parenting plan to designate her the primary residential parent. We, therefore, vacate that portion of the Trial Court’s judgment and remand for the Trial Court to make sufficient findings of fact and conclusions of law in compliance with Tennessee Rule of Civil Procedure 52.01. Because the Trial Court did make sufficient findings of fact as to the parenting schedule and it was not raised as an issue on appeal, the Trial Court’s judgment regarding modification of the residential parenting schedule is affirmed. |
Madison | Court of Appeals | |
Todd Goldman v. Nicole Griffin
This is a consolidated appeal concerning the trial court’s dismissal of two orders of protection in this domestic relations action. We affirm. |
Davidson | Court of Appeals | |
Linda L. Rozen, et al. v. Wolff Ardis, PC
Appellants filed a legal malpractice action against their former law firm after two civil judgments were not renewed after a ten-year period. After a bench trial, the trial court ruled that the appellants’ claim was filed beyond the statute of limitations. The trial court also found that no attorney-client relationship existed to impose a duty on the law firm to renew the civil judgments before they expired. We find no reversible error in the trial court’s ruling regarding the statute of limitations. As such, we affirm the decision of the trial court. |
Shelby | Court of Appeals | |
Donna Felecia Watson v. Quince Nursing & Rehabilitation Center, LLC, et al.
This is an appeal from the trial court’s denial of a motion to compel arbitration. The subject arbitration agreement was executed in connection with a patient’s admission to a nursing home facility and signed by the patient’s son. The trial court found that the son lacked authority to bind his mother to the agreement. For the following reasons, we reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Shelby County, Tennessee v. Gary Morris, Jr., et al.
This appeal arises from Shelby County’s decision to terminate Appellee’s employment for non-compliance with the County’s residency requirement. The Civil Service Merit Board (“CSMB”) reversed the termination of Appellee’s employment and reinstated him with back pay. On appeal, the Shelby County Chancery Court affirmed the CSMB’s ruling. Finding no error, we affirm the decision of the Chancery Court. |
Shelby | Court of Appeals | |
Scott Foltz v. Barnhart Crane and Rigging Company
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. In the alternative, the trial court found that Appellee provided legitimate, non-discriminatory reasons for its decision to terminate Appellant’s employment, and Appellant failed to meet his burden to show that the proffered reasons were pretext. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
Dora Nesbitt Jones v. Allenbrooke Nursing and Rehabilitation Center, LLC
This appeal involves an arbitration agreement executed in connection with a nursing home admission. At the time of admission, Appellee, daughter of the resident, signed the admission contract and separate voluntary arbitration agreement on behalf of her mother. Appellee later sued the nursing home, on behalf of her mother, for injuries sustained in a fall, and the nursing home sought to enforce the arbitration agreement signed by Appellee. The trial court denied Appellant’s motion to compel arbitration, finding that Appellee lacked authority, under the power of attorney, to bind her mother to the agreement. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Bonnie R. Lovell v. Warren County, Tennessee
A woman was incarcerated after being arrested and charged with several crimes. Prior to trial, the charges against her were dropped and she was released. Within a year of her release, the woman filed a claim against the county for false imprisonment. The county moved for summary judgment, asserting that the complaint was barred by the one-year statute of limitations. The trial court granted the county’s motion and the woman appealed. We reverse the trial court’s judgment and hold that the statute of limitations for false imprisonment claims does not begin to run until the imprisonment ends. |
Warren | Court of Appeals | |
John W. Harris, Jr. v. Robin L. Steward
This appeal arises from Appellant’s lawsuit against his former attorney, Appellee, for breach of contract, unjust enrichment, and double billing. The trial court dismissed Appellant’s lawsuit on its finding that his claims were barred by res judicata and collateral estoppel. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Betty Caitlin Nicole Smith v. Zachary Taylor Daniel
This is an appeal from the denial of a motion for recusal. After carefully reviewing the record provided by the pro se appellant, we affirm the decision of the trial court denying the motion for recusal. |
Maury | Court of Appeals | |
Wheeler Bonding Co., Inc. v. 1st Stop Bonding LLC, Et Al.
Following a nonsuit by the original plaintiff, one of the original defendants was granted a default judgment with respect to his counterclaim. The original plaintiff thereafter moved to set the default judgment aside after the entry of final judgment, and later, attempted to re-file its previously nonsuited claims. After the trial court denied the motion to set aside and entered an order striking the original plaintiff’s re-filed claims, this appeal followed. We reverse the denial of the motion to set aside and vacate the default judgment. The striking of the re-filed claims is affirmed. |
Davidson | Court of Appeals | |
Dominique Clarke v. Kymberly Ash
This appeal involves a petition for contempt and to modify a permanent parenting plan. Having carefully reviewed the record before us, we conclude that the notice of appeal was not timely filed. Because the notice of appeal was untimely, we dismiss the appeal for lack of jurisdiction. |
Montgomery | Court of Appeals | |
Chris Schaeffer v. Amanda Patterson
Father appeals the trial court’s decision allowing Mother to relocate with the parties’ daughter from the Memphis area to Blytheville, Arkansas. Father also appeals the trial court’s award of attorney’s fees to Mother. Applying the amended version of Tennessee Code Annotated section 36-6-108 based on the parties’ stipulation, we conclude that the trial court did not abuse its discretion in finding that relocation was in the child’s best interest. We also affirm the trial court’s award of attorney’s fees but decline to award attorney’s fees on appeal. |
Shelby | Court of Appeals | |
Kenneth Ray McElroy Et Al. v. Connecticut General Life Insurance Company Et Al.
An insured sued for breach of contract after his insurance company denied payment for a surgical procedure. The insurance company moved for summary judgment, arguing that the insured could not establish a breach of contract because the procedure was excluded from coverage in the medical benefits plan. The trial court granted summary judgment to the insurance company and dismissed the complaint. Because the insurance company was entitled to a judgment of dismissal as a matter of law based on the undisputed facts, we affirm. |
Hamilton | Court of Appeals |
