COURT OF APPEALS OPINIONS

Natalie C. Grimsley v. Patterson Company, LLC
M2022-00987-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Michael Binkley

The Plaintiff brought suit against her former employer, alleging sexual harassment by her supervisor and claiming constructive discharge. The Employer moved to compel arbitration based on a provision in the Plaintiff’s employment agreement. The Plaintiff responded by invoking the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which the trial court concluded invalidates the mandatory arbitration provision. We reverse the trial court’s decision because the harassment of the Plaintiff and her constructive discharge occurred prior to the effective date of the Act.

John Doe Et AL. v. Bellevue Baptist Church
W2022-01350-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Jerry Stokes

The parents of a child brought suit to personally recover for negligent infliction of
emotional distress in relation to sexual abuse of their child that had been perpetrated by the
defendant church’s former paid volunteer coordinator. The church filed a motion to
dismiss the parents’ claims and argued that the parents’ attempt to recover for negligent
infliction of emotional distress was not legally cognizable because the parents did not
perceive any injury-producing event. The trial court countenanced this position and
entered an order dismissing the parents’ claims. The parents then filed a motion seeking
relief from the dismissal order and, alternatively, to amend their complaint. The trial court
ultimately denied the parents’ motion, following which the present appeal ensued. For the
reasons stated herein, we affirm the trial court’s judgment.

ALEXANDER STRATIENKO v. LISA STRATIENKO
E2022-01802-COA-R3-CV
Authoring Judge: THOMAS R. FRIERSON, II
Trial Court Judge: L. Marie Williams

This post-divorce action concerns the trial court’s order finding the husband in civil
contempt based on his failure to pay alimony to the wife and to maintain security for his
alimony obligation as ordered. The trial court entered an order on April 29, 2022, finding
the husband in contempt and assigning a punishment. Husband did not file a notice of
appeal, or a specified motion tolling the time for filing a notice of appeal pursuant to
Tennessee Rule of Civil Procedure 59.01, within thirty days of entry of the contempt
order. As such, this Court has no subject matter jurisdiction to adjudicate the husband’s
issues concerning interpretation or alteration of the April 29, 2022 contempt order as
sought in his untimely motion filed pursuant to Tennessee Rules of Civil Procedure 52.02
and 59.04. To the extent that the trial court denied relief to the husband pursuant to his
motion based on Tennessee Rule of Civil Procedure 60.02, we find no abuse of discretion
and affirm that ruling. We award to the wife her reasonable attorney’s fees incurred on
appeal, and we remand this issue to the trial court for determination of a reasonable
amount of attorney’s fees incurred by the wife in defending against the husband’s appeal.

In Re: Airies S.
E2023-00462-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Scarlett Wynne Ellis

This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that three grounds for termination existed as to the mother: (1) abandonment by failure to support; (2) persistent conditions; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The juvenile court also found that the termination was in the best interest of the child. The mother appeals. We affirm.

Julie Clark v. Wanda Givens, ET AL.
M2022-00341-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Larry J. Wallace

A homeowner, displeased with the work performed by a handyman, brought suit, seeking
damages and relief under the Tennessee Consumer Protection Act. The handyman
counterclaimed for the value of the oral contract for services, asserting the homeowner
breached the contract by improperly terminating it. The circuit court denied relief to both
parties, and the parties appeal. We conclude that the circuit court did not err in determining
that there was no enforceable contract, precluding relief for the handyman. Likewise, the
homeowner is not entitled to relief because the evidence does not preponderate against the
circuit court’s finding that there was no misrepresentation and that the handyman rendered
services to earn certain prepaid amounts. The judgment of the circuit court is affirmed.

Martin Walker v. Tennessee Board of Parole
M2023-00219-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Anne C. Martin

This appeal arises from a Petition for Writ of Certiorari filed by Martin Walker (“Petitioner”), an inmate in the custody of the Tennessee Department of Correction (“TDOC”). Petitioner seeks review of the decision by the Tennessee Board of Parole (“Board”) to deny him parole. He raises numerous challenges to the propriety of the Board’s action and procedures. Finding no error, we affirm.

In Re: Jaxson F., Et al
E2023-00326-COA-R3-PT
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Mark Strange

The Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate the mother’s parental rights to her two children. Following a trial, the juvenile court found that six grounds for termination had been proven and that termination of the mother’s parental rights was in the children’s best interests. Based on these findings, the mother’s parental rights were terminated. The mother appeals. Of the six grounds the juvenile court found had been proven, we affirm four of them but reverse two. We also affirm the determination that termination of the mother’s parental rights is in the best interests of the children. Accordingly, we affirm the termination of her parental rights.

Cory Fulghum v. Stan Notestine
M2022-00420-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Darrell Scarlett

The Plaintiff brought a premises liability claim after falling off his own ladder while at the Defendant’s residence. The Defendant moved for summary judgment, arguing he had no duty to warn and could avoid liability under principles of comparative fault. The Plaintiff countered that the Defendant was actually his employer and that the Defendant’s decision not to provide workers’ compensation insurance prevented the Defendant from being able to raise a comparative fault defense. Furthermore, the Plaintiff argued that the Defendant did have a duty to warn. The trial court granted the Defendant summary judgment finding no duty to warn and that even if a duty existed that Plaintiff’s claim failed as a matter of law based upon comparative fault principles. The Plaintiff appealed to this Court. We affirm.

Steven Snyder, et al. v. Second Avenue Nashville Property, LLC, et al.
M2023-00498-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Russell T. Perkins

Neighbors sued to invalidate zoning ordinances that would allow two real estate development projects to be built at significantly taller heights than prior zoning regulations allowed. The trial court dismissed the complaint for failure to state a claim in part because it found that the passage of two zoning ordinances gave the developers vested property rights under the Tennessee Vested Property Rights Act of 2014 (VPRA). We conclude the trial court erred in its application of the VPRA, but we affirm the dismissal of the complaint for failure to state a claim.

State of Tennessee, City of Memphis, Tennessee v. Georgette Brooks
W2018-02299-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Patrick M. Dandridge

This is an appeal from a case arising in the Shelby County General Sessions Environmental Court. For the reasons stated herein, this Court lacks subject matter jurisdiction to review this appeal. Moreover, we are unable to transfer this appeal because it was not timely filed for the appropriate court that has subject matter jurisdiction to hear the appeal, and it is, therefore, dismissed.

In Re Cartier H. et al.
M2022-01576-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Sheila Calloway

Mother appeals the termination of her parental rights on four grounds. The Tennessee
Department of Children’s Services does not defend two of the four grounds, so we reverse
as to those grounds. We affirm the ground that Mother is unable to parent the children due
to her present mental condition. Because the trial court’s order does not contain sufficient
findings of fact, we vacate the trial court’s findings that the mother failed to manifest a
willingness and ability to parent and that termination is in the children’s best interests.

In Re Madilyn B.
M2023-00035-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Adrienne Gilliam Fry

Father appeals the trial court’s finding of abandonment by wanton disregard as a ground for termination of his parental rights, as well as its finding that termination was in the best interest of the child. We affirm the trial court’s judgment in all respects.

In Re: Edward C.
E2023-00210-COA-R3-PT
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Jeffrey D. Rader

Leonard Blackstock, Jr. v. State of Tennessee
M2023-00064-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Commissioner James A. Haltom, Tennessee Claims Commission

The Tennessee Claims Commission dismissed appellant’s complaint for lack of subject matter jurisdiction. Discerning no error, we affirm.

Hooper Randall Brock v. Jonathan Eick
E2023-00021-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Michael S. Pemberton

This appeal came on to be heard upon the record from the Circuit Court for Meigs
County, arguments of counsel, and briefs filed on behalf of the respective parties. Upon
consideration thereof, this Court is of the opinion that there is no reversible error in the
trial court’s judgment.

Thomas Joseph Nedumthottathil v. Siby John Thomas
M2020-00473-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Barry R. Tidwell

In this divorce action, the court limited Wife’s proof at trial as a sanction for her failure to respond to pre-trial discovery. After the trial, the court granted the parties an absolute divorce, equitably divided the marital estate, adopted a permanent parenting plan for their minor children, and declined to award Wife spousal support. Wife argues that the court erred in limiting her proof at trial, dividing the marital estate, and denying her request for spousal support. Discerning no abuse of discretion in these decisions, we affirm.

Joshua Aaron Bradley v. Jennifer Racheal Bradley (Odom)
M2022-00259-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Michael E. Spitzer

A father filed a petition to modify the existing parenting plan. The trial court found a material change in circumstances had occurred and it was in the child’s best interest to award custody to the father. Because the evidence does not preponderate against either finding, we affirm.

American Business Supply, Inc. et al v Tennessee State Board of Equalization
M2022-01411-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Russell T. Perkins

This case concerns the procedure used by the Tennessee State Board of Equalization when it determined the 2018 appraisal ratio for Shelby County. In 2017, Shelby County real property was reappraised. Accordingly, the Board of Equalization set the County’s 2017 appraisal ratio at 1.000. In 2018, the Board of Equalization used the 2017 reappraisal to set the Shelby County 2018 appraisal ratio at 1.000. Appellants—owners of commercial tangible personal property in Shelby County—challenged the Board’s methodology as violative of Tennessee Code Annotated sections 67-5-1605 and 67-5-1606 and unsupported by substantial and material evidence. Following review under the Uniform Administrative Procedures Act, the trial court determined that: (1) the Board did not violate Tennessee Code Annotated sections 67-5-1605 and 67-5-1606 when it set the County’s appraisal ratio at 1.000 in 2018; (2) the Board’s decision was supported by substantial and material evidence; and (3) the Board’s decision was not arbitrary or capricious. Discerning no error, we affirm.

VFL Properties, LLC v. John Kenneth Greene, Et Al.
E2022-00261-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor John F. Weaver

This lawsuit arises from a real property/boundary dispute between the plaintiff and the defendants. The trial court found that a prior circuit court condemnation judgment vesting title to the Knoxville Community Development Corporation “bars the claim of [the plaintiff] as an impermissible collateral attack upon the condemnation judgment.” Thus, the trial court ruled that the condemnation judgment barred the plaintiff’s adverse possession claim against the defendants. The plaintiff appeals. We affirm.

Jamie M. Lazaroff (Coons) v. David A. Lazaroff, Sr.
M2022-01004-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Bonita J. Atwood

This post-divorce appeal concerns the trial court’s finding of contempt against the father for his failure to pay child support and the court’s calculation of his support arrearage owed. We affirm.

James Miguel Vilas v. Timothy Love
W2022-01071-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Kyle C. Atkins

In this health care liability action, the trial court granted summary judgment to the appellee
surgeon based on the expiration of the statute of limitations and the appellant patient’s
failure to show evidence of causation and damages. On appeal, we conclude that (1) there
is a genuine dispute of material fact as to when the appellant’s cause of action accrued; (2)
the trial court did not specifically rule on the propriety of appellant’s pre-suit notice; and
(3) there are genuine disputes of material facts as to the causation and damages elements
of the appellant’s claim. Accordingly, we reverse in part, vacate in part, and remand for
further proceedings.

Benjamin McCurry v. Agness McCurry
E2023-01071-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Senior Judge Thomas J. Wright

Because the circuit court orders from which the appellant has sought to appeal do not
constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Edward Ronny Arnold v. Moore & Smith Tree Care, LLC
M2023-00169-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Lynne T. Ingram

This appeal involves a contract for the removal of a tree. The trial court granted a motion to dismiss filed by the defendant tree company. We affirm and remand for further proceedings.

In Re Estate of Gregory B. Johnson
W2023-00432-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Kathleen N. Gomes

Appellants, Amelia Vaughn and Gemelia Johnson appeal the March 3, 2023 order of the
Shelby County Probate Court. Because the order appealed is not a final judgment, this
Court lacks jurisdiction to consider the appeal. Tenn. R. App. P. 3(a). The appeal is
dismissed.

Leonard Blackstock v. State of Tennessee
M2023-00066-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Commissioner James A. Haltom, TN Claims Commission

This appeal concerns an order of dismissal entered by the Tennessee Claims Commission. Though Appellant raises a number of issues on appeal, this Court is unable to review any of the issues due to Appellant’s noncompliance with applicable appellate briefing requirements. Because all of Appellant’s issues on appeal have been waived due to his failure to comply with the appellate briefing requirements, we affirm the judgment of the Tennessee Claims Commission.