Jefferson Howell Et Al. v. Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System Et Al.
This appeal involves a healthcare liability action. The plaintiffs filed suit against the defendant hospital, which is a governmental entity, alleging negligence by physicians practicing medicine within the hospital emergency department. The supervising physician was not an employee of the defendant hospital but an employee of a company contracting with the defendant hospital. The medical resident physician and medical student treating the patient in the emergency department also were not employees of the defendant hospital. During summary judgment proceedings, the plaintiffs presented no evidence of direct liability by the defendant hospital or of negligence by the nursing staff at the defendant hospital. Plaintiffs presented such evidence only as to physicians not directly employed by the defendant hospital. Determining that the physicians were not employees of the defendant hospital, the trial court held that the defendant hospital could not be held vicariously liable for the actions of these non-employee physicians under the Governmental Tort Liability Act (GTLA). As such, the trial court granted summary judgment in favor of the defendant hospital. Discerning no error, we affirm. |
Hamilton | Court of Appeals | |
Harold R. Gunn v. City of Humboldt
This is an appeal from a grant of an involuntary dismissal. The plaintiff brought suit against the City of Humboldt for damages to his real property due to the collapse of a portion of his parking lot into his adjacent drainage ditch. At trial, the court granted the defendant’s motion for an involuntary dismissal pursuant to Tennessee Rule of Civil Procedure 41.02(2) at the close of the plaintiff’s proof and dismissed the case. We affirm. |
Gibson | Court of Appeals | |
Ruth Mitchell v. City of Franklin, Tennessee
This appeal is an action subject to the Tennessee Governmental Tort Liability Act, in which a pedestrian suffered injuries after she tripped and fell on a sidewalk in Franklin, Tennessee. The pedestrian filed a complaint claiming that the city was negligent. After a bench trial, the trial court entered judgment in favor of the city and dismissed the case. The pedestrian appeals. We affirm in part, vacate in part, and remand for further proceedings consistent with this opinion. |
Williamson | Court of Appeals | |
In Re Joshua M. Et Al.
Grandparents filed a petition in juvenile court seeking to terminate a mother’s parental rights. When the mother failed to file an answer to the petition, the grandparents filed a motion for default judgment. After hearing arguments on the motion and receiving evidence on the termination petition, the court granted the motion for default judgment and entered an order terminating the mother’s parental rights based on the grounds of (1) abandonment by failure to support, (2) persistence of conditions, and (3) failure to manifest an ability and willingness to assume custody and financial responsibility of the children. The court also determined termination of the mother’s parental rights was in the children’s best interest. We affirm the abandonment by failure to support ground but reverse the other two grounds. Concluding that the juvenile court failed to make sufficient findings of fact and conclusions of law regarding its best interest analysis, we vacate the court’s decision that termination of the mother’s parental rights was in the best interest of the children and remand for further findings. |
Cocke | Court of Appeals | |
Danny Ray Franks, et al. v. Roger Bilbrey, et al.
This appeal concerns an alleged breach of contract. Danny Ray Franks (“Mr. Franks”) and his spouse Angela May Franks (“Ms. Franks”) (“Plaintiffs,” collectively) hired Roger Bilbrey (“Mr. Bilbrey”) and Bilbrey’s Construction, Inc. (“Defendants,” collectively) to build a “barndominium,” a metal building that looks like a barn with a stained-concrete floor, garage, and living quarters. The parties’ contract (“the Agreement”), which was drafted by Mr. Bilbrey, provided that work would start immediately and be completed by Thanksgiving of 2018. However, the project was not completed by that date. Some five months later, the project still was unfinished. Plaintiffs then fired Defendants. Plaintiffs sued Defendants in the Chancery Court for Overton County (“the Trial Court”) for breach of contract. The Trial Court ruled in Plaintiffs’ favor. Defendants appeal. We hold that time was of the essence under the Agreement. We further find that Defendants committed a material breach of the Agreement by failing to timely complete Plaintiffs’ barndominium. We affirm. |
Overton | Court of Appeals | |
Mark Steven Meadows et al. v. Sharon Kay Story et al.
The members of a limited liability company, a father and his son, sought the LLC’s judicial dissolution. Disagreements had surfaced between them, primarily over the ownership of assets and the value of their capital accounts. Father and son were also pitted against each other in a separate lawsuit involving other business entities. In the proceeding to dissolve the LLC, the trial court appointed a receiver to determine ownership of the assets. The court approved the receiver’s report. And, after a bench trial, the court found that father’s capital account was less than his son’s account. In doing so, the court excluded evidence offered by father related to the separate lawsuit based on relevancy. The court also excluded the testimony of an attorney based on the attorney-client privilege. Finding no reversable error, we affirm. |
Davidson | Court of Appeals | |
In Re Aubree D.
This is a dependency and neglect case. The child was taken into protective custody by Appellee Tennessee Department of Children’s Services (“DCS”) after an investigation revealed that the then ten-week-old child suffered approximately 15 bone breaks. The Juvenile Court for Davidson County conducted a hearing and adjudicated the child dependent and neglected on its finding that Appellant, the child’s mother, had committed severe child abuse. Mother appealed to the Circuit Court for Overton County (“trial court”). Following a de novo trial, the trial court held that mother perpetrated severe child abuse on the child. Consequently, the trial court adjudicated the child dependent and neglected, and found that it was in the child’s best interest to remain in the custody of Appellee Tennessee Department of Children’s Services (“DCS”). Mother appeals. Discerning no error, we affirm. |
Overton | Court of Appeals | |
Ford Motor Credit Comp, LLC d/b/a Lincoln Automotive Financial Services v. Marjori Malone et al.
The defendants have appealed from an order entered on July 25, 2022. Because the defendants did not file their 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. |
Williamson | Court of Appeals | |
Bill Charles v. Donna McQueen
This case involves a lawsuit alleging claims of defamation and false light arising from an |
Williamson | Court of Appeals | |
Thomas Krajenta, et al. v. Volker Paul Westphal, et al.
Appellants, board members and members of Appellee homeowner’s association, filed a pro se lawsuit against the homeowner’s association and other board members, who are also Appellees. Appellees filed a motion to dismiss the amended petition on the ground that Appellants failed to bring a proper derivative action. Appellants filed voluntary nonsuits before the trial court heard the motion to dismiss. Despite the voluntary nonsuits, the trial court granted the motion to dismiss and denied the voluntary nonsuits. The trial court also awarded Appellees a portion of their attorney’s fees under Tennessee Code Annotated section 48-56-401(e), and, alternatively, under Tennessee Code Annotated section 20-12-119(c). Because the trial court should have allowed Appellants’ nonsuits, we: (1) reverse the trial court’s denial of the nonsuits; (2) vacate the trial court’s order granting Appellees’ motion to dismiss; and (3) vacate the trial court’s order granting Appellees’ attorney’s fees. The trial court’s order dividing the special master fees equally between the parties is affirmed. |
Shelby | Court of Appeals | |
James D. Duncan v. CoreCivic, et al.
Appellant, James D. Duncan, has appealed an order of the Hardeman County Chancery Court that was entered on December 15, 2021. We determine that the December 15, 2021 order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is dismissed. |
Hardeman | Court of Appeals | |
Joseph Cannistra v. William Charles (Billy) Brown
This appeal involves a challenge to a circuit court’s award to a landlord for a deficiency in lease payments. The landlord and tenant offered conflicting testimony regarding the terms of the parties’ agreement. The circuit court judge found the landlord’s description of the agreement more convincing than the tenant’s and awarded the landlord a judgment in the amount of $9,800 as well as costs. On appeal, the tenant insists the circuit court judge erred in his assessment of the conflicting testimony. We find the trial court’s determination to be supported by the record and therefore affirm the judgment of the trial court. |
Giles | Court of Appeals | |
In Re Hope G. Et Al.
This appeal arises from the termination of a father’s parental rights to his minor child, upon the statutory grounds of abandonment by failure to visit and financially support the child. The Greene County Circuit Court (“Trial Court”) denied the ground of failure to manifest an ability and willingness to assume custody of and financial responsibility for the child, pursuant to Tenn. Code Ann. § 36-1-113(g)(14). The Trial Court further found that termination of the father’s parental rights was in the child’s best interest. We reverse the statutory ground for the termination of the father’s parental rights of abandonment by failure to visit, determining that the father had proven by a preponderance of the evidence that his failure to visit was not willful. We affirm the remaining ground for the termination of the father’s parental rights, as well as the trial court’s determination that termination of the father’s parental rights is in the child’s best interest. |
Greene | Court of Appeals | |
Jabari Issa Mandela a/k/a John Wooden v. Tennessee Department of Correction
Appellant appeals the assessment of costs against him following the dismissal of his petition for a writ of certiorari. Discerning no reversible error, we affirm. |
Lake | Court of Appeals | |
Michael Halliburton v. Blake Ballin, et al.
This is an accelerated interlocutory appeal from the denial of motions for recusal of the trial judge. Having carefully reviewed the record provided by the appellant, we affirm the decision of the trial court denying the motions. |
Shelby | Court of Appeals | |
State of Tennessee v. Isaiah M.
This appeal arises out of delinquency proceedings that originated in the Madison County Juvenile Court. The State filed an initial delinquency petition, but the petition was unverified. The defect in the petition remained undiscovered by the State until the first witness was sworn at the adjudicatory hearing. The juvenile court dismissed the petition and found that jeopardy attached. The State filed a second verified delinquency petition. However, the juvenile court dismissed the petition finding that it violated principles of double jeopardy. The State appealed to the circuit court. The circuit court dismissed the petition finding that jeopardy attached on the initial petition. The State appeals. We reverse and remand. |
Madison | Court of Appeals | |
Lisa Neely Artry v. Lester Ray Artry
In this divorce case, we do not reach the substantive issues concerning the trial court’s division of the marital estate due to the fact that the trial court failed to designate all property as either marital or separate, failed to assign values to all property, and failed to consider the factors set out in Tennessee Code Annotated section 36-4-121(c). As such, we vacate the trial court’s division of the marital estate and its denial of alimony. Because the trial court failed to resolve the parties’ dispute over the Tennessee Rule of Appellate Procedure 24 statement of the evidence by providing this Court with one cohesive statement, we reverse the trial court’s order concerning the statement of the evidence. |
Shelby | Court of Appeals | |
In Re Navaiya R. et al.
This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that two grounds for termination existed as to the father: (1) failure to manifest an ability and willingness to assume custody and (2) incarceration under a ten-year sentence. The juvenile court also found that termination was in the best interests of the children. The father appeals. We affirm. |
Montgomery | Court of Appeals | |
Derrick Lakeith Brown v. Marlinee C. Iverson
Appellant, Derrick Lakeith Brown, has appealed an order of the Shelby County Chancery Court that was entered on November 5, 2021. We determine that the November 5, 2021 order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is dismissed. |
Shelby | Court of Appeals | |
Sporting Club of Tennessee, Inc. v. Marshall County Tennessee Board of Zoning Appeals
This appeal concerns a zoning decision. The Sporting Club of Tennessee, Inc. (“the Sporting Club”) filed an application with Marshall County, Tennessee for a special exception for a private park. The club was to be situated on 285 acres of property and would feature a number of recreational activities like shooting. It would have 150 members and corporate members along with their families and guests. After a hearing, the Marshall County Board of Zoning Appeals (“the Board”) denied the Sporting Club’s application on grounds that the Sporting Club would not be low-impact, or passive, with respect to its surroundings. The Sporting Club filed a petition for common law writ of certiorari in the Chancery Court for Marshall County (“the Trial Court”). The Trial Court upheld the Board’s decision. The Sporting Club appeals to this Court. We conclude that the Board’s decision was supported by material evidence—namely, evidence concerning the Sporting Club’s 150 members and guests and the likely impact they would have on the property’s surroundings. The Board’s decision neither was arbitrary, capricious, nor illegal. We affirm. |
Marshall | Court of Appeals | |
April Hawthorne v. Morgan & Morgan Nashville, PLLC, ET AL.
This is an appeal following the trial court’s dismissal of a legal malpractice complaint predicated upon actions allegedly taken by the Defendants in connection with a prior class action proceeding. In light of its dismissal of the Plaintiff’s complaint, the trial court ruled that a “derivative” third-party complaint asserted by the Defendants should also be dismissed. Whereas the Plaintiff challenges the dismissal of her complaint, the Defendants submit that, if the order dismissing the Plaintiff’s complaint is reversed, the order dismissing their third-party complaint should also be reversed. For the reasons stated herein, we reverse, in part, the dismissal of the Plaintiff’s claims, reverse the dismissal of the third-party complaint, and remand for further proceedings. |
Shelby | Court of Appeals | |
Ashley J. Loveday v. Aaron KK.H. Colehamer
Because the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Knox | Court of Appeals | |
Quinton A. Cage v. State of Tennessee
An inmate appeals the Claims Commission’s dismissal of his claim. Because the inmate did not file his notice of appeal within the time permitted by Rule 4 of the Tennessee Rules of Appellate Procedure, we dismiss the appeal. |
Court of Appeals | ||
In Re Scarlett F.
A mother appeals the trial court’s decision to terminate her parental rights based on the grounds of (1) substantial noncompliance with the permanency plans, (2) persistence of conditions, (3) severe child abuse, and (4) failure to manifest an ability and willingness to personally assume custody or financial responsibility of the child. She further challenges the trial court’s finding by clear and convincing evidence that termination of her parental rights was in the best interest of the child. We vacate the substantial noncompliance ground and reverse the persistence of conditions and failure to manifest an ability and willingness to assume custody or financial responsibility grounds. Concluding that the record does not contain clear and convincing proof that termination is in the best interest of the child, we reverse the trial court’s order terminating the mother’s parental rights. |
Madison | Court of Appeals | |
Dominique Nance v. Mark Franklin
This appeal concerns the trial court’s denial of the mother’s petition to relocate with her minor child. We affirm the trial court’s decision. |
Davidson | Court of Appeals |
