In Re Estate of Dariel Blackledge Washington
Decedent’s siblings filed a document they alleged to be decedent’s last will and testament. Decedent’s husband, the personal representative of her estate, moved to declare the alleged will invalid for lack of an effective signature. The trial court concluded that the will was ineffective due to the lack of decedent’s signature, and declined to admit it to probate. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
In Re Charlee N. et al.
This is a termination of parental rights case. The trial court terminated the parental rights of the parents to two children, finding that there was clear and convincing evidence as to both parents regarding the ground of severe child abuse and that termination of the parents’ rights was in the children’s best interest. Having carefully reviewed the record, we affirm. |
Overton | Court of Appeals | |
In Re Serenity S. et al.
Heather B. 1 (“Mother”) and John S., III (“Father”) are the biological parents of Serenity S. Mother and Raymond R. are the biological parents of Harmony R., Mellody O., and Angel O. Tina S. (“Grandmother”) and John S., Jr. (“Grandfather” or, together with Grandmother, “Petitioners”) petitioned the Chancery Court for Giles County (the “trial court”) for termination of Mother’s and Raymond R.’s parental rights in April of 2021 and for adoption of the children. Father voluntarily surrendered his parental rights as to Serenity S. As for the grounds for termination, Petitioners alleged: substantial noncompliance with the permanency plan, persistence of conditions, and failure to manifest an ability and willingness to personally assume legal and physical custody of the children. Following a bench trial, the trial court concluded that Petitioners proved all three statutory grounds for termination and that termination was in the Children’s best interests. Mother appeals to this Court. Having reviewed the record, we conclude that the trial court’s order must be vacated and remanded. Because Petitioners proved no statutory grounds for termination by clear and convincing evidence, we need not consider whether termination of Mother’s parental rights is in the Children’s best interests. |
Giles | Court of Appeals | |
Mazie F. White v. Thomas Gray Miller
The trial court found Father to be willfully underemployed and imputed income to him for calculation of child support. Mother appeals the juvenile court’s determination, arguing the trial court erred as to the amount of income imputed to Father for the purposes of setting child support and also as to its determination of the amount of retroactive support. We affirm the trial court’s income imputation. However, we conclude the trial court erred in its calculation of retroactive support owed by Father. Therefore, this Court affirms the judgment of the trial court in part and reverses in part. |
Williamson | Court of Appeals | |
Pam Holzmer v. The Estate of James F. Walsh, Jr.
This is an appeal from a jury verdict awarding damages to a plaintiff injured in a car accident. The plaintiff asserts that the trial court erred in excluding evidence of her medical bills. Because the plaintiff failed to present expert proof that her medical expenses were necessary, we find that the trial court did not abuse its discretion in excluding the bills. The jury verdict is affirmed. |
Davidson | Court of Appeals | |
Daniel Harvey, et al. v. Shelby County, Tennessee, et al.
Plaintiffs filed this inverse condemnation suit against numerous defendants, alleging that |
Shelby | Court of Appeals | |
In Re Michael C. Et Al.
The appellant challenges the trial court’s termination of her parental rights. The trial court |
Court of Appeals | ||
In Re Zoey L.
In a private petition for terminationof parental rights, the petitioner alleged multiple grounds for termination: (1) abandonment for failure to visit; (2) abandonment for failure to support; and (3) failure to manifest an ability and willingness to assume custody. The trial court found the Father’s parental rights should be terminatedbased upon thesethree groundsand that termination was in the child’s best interest. We affirm the trial court’s ruling as to the termination grounds of abandonment by failure to visit and failure to support. Because the trial court did not make findings of factconcluding that placing legal and physical custody withFather would pose a risk of substantial harm tothe physical or psychological welfare of the child, we must vacatethe trial court’s ruling as to the failure to manifest an ability and willingness to assume custody ground. We affirm the trial court’s conclusionthat termination of Father’s parental rights is in the best interest of the child. |
Court of Appeals | ||
Nikita R. Thomas v. Donald L. Smith
In this real property dispute, the petitioner brought an action to quiet title to and remove |
Court of Appeals | ||
Lynne S. Cherry et al. v. Del Frisco’s Grille of Tennessee, LLC et al.
In this premises liability case concerning a customer’s fall inside of a restaurant, video surveillance footage from a security camera in the restaurant was not preserved, precipitating the filing of a sanctions motion by the Plaintiffs for spoliation. Although several sources of evidence existed pertaining to the condition of the restaurant flooring where the customer fell, and although the trial court concluded that the Plaintiffs were not prevented from proving fault in this case in the absence of the video evidence, the trial court ultimately entered significant sanctions against the Defendants, including holding that it was conclusively established for purposes of trial that the Defendants had actual or constructive notice that the floor where the fall occurred was “slick” because of a substance or because of a general and continuing condition, as well as striking the Defendants’ affirmative defenses of comparative fault. Upon the filing of an application by the Defendants, we granted an extraordinary appeal under Rule 10 of the Tennessee Rules of Appellate Procedure. For the reasons stated herein, we vacate the trial court’s sanctions order and remand for further proceedings consistent with this Opinion. |
Williamson | Court of Appeals | |
Heather R. Wilder v. Joseph C. Wilder
This appeal concerns a long-running domestic matter. Heather R. Wilder (“Mother”) and |
Court of Appeals | ||
Felicia Willett, et al. v. Olymbec USA, LLC
Tenant appeals the trial court’s decision to grant landlord a judgment under a holdover |
Shelby | Court of Appeals | |
State of Tennessee v. Michael L. Bailey
The State of Tennessee sought the enforcement of a prior administrative order against the Appellant related to the Appellant’s violations of the Tennessee Water Quality Control Act of 1977, requesting civil penalties, damages, and injunctive relief. The State filed a motion for summary judgment, and the Appellant sought a continuance based on parallel criminal proceedings. The trial court denied the motion for a continuance and granted summary judgment to the State. On appeal, the Appellant asserts that the chancery court and administrative tribunal lacked personal jurisdiction and that the chancery court erred in denying his motion for a continuance. We conclude that any challenge to personal jurisdiction has been waived and that the chancery court did not abuse its discretion in denying the motion for a continuance. Accordingly, we affirm the judgment. |
Davidson | Court of Appeals | |
Yakima Marks Green v. Derrick Lamar Green
A father petitioned to change the primary residential parent and for immediate physical custody of his child based on the mother’s allegedly inappropriate behavior. The court granted Father an ex parte order of immediate physical custody. At the show cause hearing, the court determined that the mother had engaged in a pattern of emotional abuse of the father and the child such that her parenting time should be limited. After a final hearing on the father’s petition, the court found a material change of circumstances had occurred and that it was in the child’s best interest to modify the permanent parenting plan. The court then adopted a modified parenting plan that named the father the primary residential parent and limited the mother’s parenting time. Discerning no abuse of discretion, we affirm. |
Davidson | Court of Appeals | |
Kim Renae Nelson v. Loring E. Justice
The trial court found Appellant/Father in civil contempt for alleged failure to comply with discovery propounded by Appellee/Mother. The trial court also dismissed Father’s petition to modify visitation and child support on the ground that Father’s petition constituted an abusive civil lawsuit. We reverse the trial court’s findings of civil contempt and abusive civil lawsuit. However, because the parties’ child has reached majority, we conclude that Father’s petition to modify is moot. Therefore, we affirm the trial court’s dismissal of Father’s petition on the ground of mootness. |
Court of Appeals | ||
Rachel Karrie Bryant Ramsey v. Nathan Lynn Bryant Et Al.
The notice of appeal filed by the appellants, Nathan Lynn Bryant and Melissa Bryant, stated that appellants were appealing the judgment entered on September 27, 2022. Inasmuch as the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Court of Appeals | ||
Holston Presbytery of the Presbyterian Church (U.S.A.) Inc. v. Bethany Presbyterian Church
A congregation within the Presbyterian Church sought to disaffiliate from its presbytery while retaining ownership of its real property. The presbytery argued that the congregation did not own the real property outright but rather held it in trust for the benefit of the national body of the Presbyterian Church. Following a hearing on competing motions for summary judgment, the trial court determined that the congregation owned the property outright. Thus, it denied the presbytery’s motion and granted the congregation’s motion. The presbytery timely appealed to this Court. Following careful review, we reverse. |
Court of Appeals | ||
Benjamin McCurry v. Agness McCurry
Because the order appealed from does not constitute a final appealable judgment, this Court |
Washington | Court of Appeals | |
In Re Skylar M.
The appellant filed a notice of appeal more than thirty days from the date of entry of the |
Court of Appeals | ||
State of Tennessee, ex re., Commissioner of the Department of Transportation v. Pagidipati Family General Partnership, et al.
This is an eminent domain case in which the Commissioner of the Tennessee Department |
Shelby | Court of Appeals | |
Linda C. Black as next of kin of Robert Junious Black v. State of Tennessee
This is a wrongful-death health care liability action against a skilled nursing facility, the Tennessee State Veterans’ Home in Clarksville (“TSVH-Clarksville”), which is owned and operated by the State of Tennessee. The claimant, Linda Black (“Claimant”), is the surviving spouse of Robert Junious Black, deceased, who was a resident of TSVHClarksville from December 16, 2016, through January 9, 2017. Claimant asserted that TSVH-Clarksville proximately caused Mr. Black’s death by failing to monitor and report his symptoms under the applicable standard of care. In particular, Claimant alleged that the staff at TSVH-Clarksville (1) failed to follow Mr. Black’s care plan for risk of dehydration; (2) failed to prevent Mr. Black from developing a urinary tract infection; (3) failed to notify Mr. Black’s physician of a significant changes in his clinical status; and (4) failed to properly assess Mr. Black. Following a two-day bench trial, the Claims Commissioner found that Claimant failed to establish a health care liability claim because, inter alia, the State complied with the applicable standards of care and Claimant failed to establish causation. This appeal followed. We affirm. |
Court of Appeals | ||
In Re Anthony N.
A juvenile appeals the decision to re-commit him to DCS custody for treatment and |
Bedford | Court of Appeals | |
Tricon Construction, Inc D/B/A Tricon 3 Construction, Inc. v. Michelle Perry Et Al.
Husband and wife appellants, acting pro se, appeal the trial court’s decision to pierce the corporate veil of husband’s construction company to hold husband individually responsible for the corporation’s breach of contract, as well as the judgment against both husband and wife for contemptuous conduct. We do not reach the merits of the case due to the appellants’ failure to comply with the briefing requirements set out in Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee and dismiss the appeal. |
Davidson | Court of Appeals | |
Carolyn Cruise v. Brittany Byrd
This appeal arises out of a dog bite incident that occurred at a dog park within an apartment complex. The plaintiff filed a complaint against the defendant who owned the dog that bit her. The defendant filed a motion for summary judgment. The trial court entered an order granting the defendant's motion for summary judgment and dismissing the plaintiff s complaint with prejudice. The plaintiff appeals. We affirm. |
Davidson | Court of Appeals | |
Paul W. Chrisman, Jr., Trustee v. SP Title, LLC, Et Al.
This appeal arises out of a third-party complaint asserting claims arising from the sale of real property. The trial court entered an order granting in part and denying in part the thirdparty defendants’ motion for summary judgment. Afterward, the third-party plaintiff filed a notice of voluntary dismissal as to his remaining claim, which was then dismissed without prejudice by the trial court. The third-party plaintiff appeals. We reverse in part, vacate in part, and remand for further proceedings consistent with this opinion. |
Williamson | Court of Appeals |
