Stephanie Barrett v. Ronald Killings
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. |
Rutherford | Court of Appeals | |
Shequinta Patterson v. Yazid M. Sajiid El
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. |
Rutherford | Court of Appeals | |
Betty Fry, et al. v. Nancy Neely, et al.
After the trial court issued a temporary injunction affirming a trust’s appointment of a new |
Shelby | Court of Appeals | |
In Re B.D.M.
Father appeals the termination of his parental rights. The trial court found multiple grounds |
Court of Appeals | ||
In Re Estate of Thomas Edwin Blackwell
Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction |
Court of Appeals | ||
In Re A'ziya G. Et Al.
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. |
Davidson | Court of Appeals | |
Shams Properties, LLC Et Al. v. All Natural Lawns and Landscapes, LLC Et Al.
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. |
Davidson | Court of Appeals | |
Richard Hampton v. Hawker Powersource, Inc. Et Al.
In this action for breach of an employment contract filed by a plaintiff/employee against |
Court of Appeals | ||
Brenda Lee-Peery v. Metropolitan Government of Nashville and Davidson County
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. |
Davidson | Court of Appeals | |
Darry Lee Pogue v. Jessica Simms
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. |
Lincoln | Court of Appeals | |
Annie Dowdy v. BNSF Railway Company
A railroad worker developed cancer after working for thirty years in a railroad yard. The |
Shelby | Court of Appeals | |
Sarah Boren v. David Wade, Jr.
This is a post-divorce criminal contempt case. The trial court found Appellant guilty of |
Shelby | Court of Appeals | |
Roosevelt Walker v. Shelby County Sheriff Department, et al.
Plaintiff initiated this action related to the alleged misconduct of sheriff’s deputies in |
Shelby | Court of Appeals | |
Pamela Patteson v. Christopher Patteson
This is an appeal from a trial court’s order finding that Husband’s alimony to Wife |
Shelby | Court of Appeals | |
Robert L. Pragnell Et Al. v. Joe D. Franklin Et Al.
In this defamation lawsuit, the defendants filed a petition to dismiss pursuant to the |
Court of Appeals | ||
David Burns v. Ford Construction Company
Appellant/employee brought this retaliatory discharge case against Appellee, his former |
Dyer | Court of Appeals | |
Timothy Allen Price v. John Robert Hershberger
This is a breach of contract case. It is undisputed that Appellee performed under the |
Shelby | Court of Appeals | |
Susan B. Ferkin v. Katherine Bell
A pro se petitioner seeks accelerated interlocutory review of the denial of her motion to |
Shelby | Court of Appeals | |
Connie Munn MacCaughelty v. John R. Sherrod, III
Buyer of property at delinquent tax sale filed suit against the property’s former owner to quiet title. The former owner filed an answer and counterclaim, alleging, lack of notice concerning the underlying delinquent tax lawsuit and violation of her due process rights. The trial court dismissed the counterclaim with prejudice, concluding the counterclaim was time-barred by the applicable statute of limitations for invalidating tax sales, and ruled for the buyer in the quiet title action. We hold that the former owner failed to institute a legal challenge to the tax sale within the limitations period despite having adequate notice of the sale. Accordingly, we affirm the judgment of the trial court in all respects. |
Davidson | Court of Appeals | |
Nicholas Grimaldi, D.O., Et Al. v. Ronald Christopher, M.D. Et Al.
This is a contract dispute between a doctor and healthcare entities. The trial court awarded |
Court of Appeals | ||
Ibraheem Sabah v. Tennessee Department of Labor and Workforce Development Et Al.
This case involves the denial of a claim for pandemic unemployment assistance and the subsequent administrative proceedings before the Tennessee Department of Labor and Workforce Development. The applicant failed to appear for his appeals hearing despite being notified of the hearing and the procedures required to participate in the hearing. The applicant’s request to reopen his case was denied because he failed to show good cause for his failure to attend. The applicant petitioned for judicial review in the chancery court. After finding substantial and material evidence to support the denial of benefits, the chancery court affirmed the decision of the Commissioner’s Designee. We affirm the chancery court’s decision |
Sumner | Court of Appeals | |
Douglas Martinez v. Bill Lee Et Al.
This is an appeal from an order dismissing a petition for writ of mandamus. Because the appellant did not file his notice of appeal within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal. |
Davidson | Court of Appeals | |
Katherine Sanko v. Clinton Sanko
Katherine Sanko (“Mother”) and Clinton Sanko (“Father”) dispute custody of two of their |
Court of Appeals | ||
Dessie X v. Idris X
Husband appeals the trial court’s classification, valuation, and division of real property in |
Shelby | Court of Appeals | |
In Re McKayla H.
In this custody case, Father appeals the trial court’s order allowing Mother to relocate, from |
Shelby | Court of Appeals |