P.H. v. Gregory O. Cole
P.H. and Gregory O. Cole dated for a period of time between 2014 and 2018. P.H. learned in 2018 that she had become infected with HSV-2, a sexually transmitted disease commonly known as genital herpes. P.H. believed she contracted HSV-2 from Mr. Cole and filed a complaint against him asserting claims for battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence per se, and fraud. Mr. Cole denied transmitting HSV-2 to P.H. and underwent blood tests to determine whether or not he was infected. When his blood test came back negative for HSV-2, Mr. Cole moved for summary judgment and attached as an exhibit the declaration of Dr. Fritz Wawa, the physician in charge of the medical center where Mr. Cole had his blood drawn, as well as the test results showing his negative status for HSV-2. P.H. opposed the motion for summary judgment and suggested that Mr. Cole’s test results may have shown a false negative, and not be reliable, if he were immunocompromised. In response, Mr. Cole returned to the medical center to have additional blood drawn and tested for HIV. The additional test results showed that Mr. Cole did not have HIV and that he was not immunocompromised. Mr. Cole filed a reply to P.H.’s opposition to his motion for summary judgment and attached a second declaration from Dr. Wawa and a copy of his second blood test to show that he was not immunocompromised. |
Davidson | Court of Appeals | ||
Flora Gordon v. Cherie Felps Harwood Et Al.
The notice of appeal filed by the appellant, Flora Gordon, stated that the appellant was appealing the judgment entered on April 1, 2021. Because the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Hamilton | Court of Appeals | ||
In Re Jayden L.
This is an appeal from a termination of parental rights case. While the trial court concluded that two grounds for termination existed in this case, it determined that there was a lack of clear and convincing evidence that the termination of the mother’s rights was in the child’s best interests. For the reasons stated herein, namely the absence of appropriate findings under Tennessee Code Annotated section 36-1-113(k), we vacate the trial court’s order with respect to the grounds for termination and remand the case for the preparation of appropriate findings of fact and conclusions of law. |
Hawkins | Court of Appeals | ||
Kwame Leo Lillard v. James Walker, Et Al.
This appeal arises out of a dispute over a mobile home and real property. Because the appealed order awards reasonable attorney’s fees but does not set the amount of those fees, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | ||
Cedra Deanntre Potts (Taylor) v. Starr Anastasia Potts
This appeal arises from the denial of the plaintiff’s Tenn. R. Civ. P. 60.02 motion requesting relief from an agreed-upon permanent parenting plan that was approved by the court and incorporated into the final divorce decree. The plaintiff contended that the defendant spouse lacked standing to seek custody and visitation of the minor children, who were conceived by in vitro fertilization;[1] therefore, the permanent parenting plan was void for lack of subject matter jurisdiction, i.e., standing was jurisdictional. The material facts are that the couple entered into a contract with a reproductive clinic in October 2013 to perform an in vitro fertilization procedure, with each party signing the contract as “Prospective Parent.” The reproductive clinic impregnated the plaintiff with embryos created from the plaintiff’s eggs and donated sperm. As a result of the procedure, the plaintiff gave birth to twins in July 2014. The parties, a same-sex couple, married in June 2015, shortly following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015). In August 2017, the plaintiff filed for divorce, contending there were no children born of the marriage, and the defendant filed an answer and a counter-complaint alleging there were two children born of the marriage and requesting that the court designate her as the primary residential parent. After the parties resolved all issues, the trial court entered a final divorce decree, incorporating an agreed-upon permanent parenting plan that (1) stated the children were a product of the parties’ marriage, (2) designated the plaintiff as the primary residential parent with 240 days of parenting time per year and designated the defendant as the alternate residential parent with 125 days of parenting time, (3) provided for joint decision-making authority, and (4) ordered the defendant to pay child support. Three months after the divorce decree became a final judgment, the plaintiff filed the Rule 60.02 motion at issue in this appeal. Following briefing and a hearing, the trial court determined that the defendant was able to establish parentage under Tenn. Code Ann. § 36-2-403 because she met the requirements of the statute, in that she was a party to the written contract consenting to the in vitro fertilization procedure, and she accepted full legal rights and responsibilities for the embryos and any children that resulted. The trial court also determined that the defendant was entitled to the presumption that she was the children’s parent in accordance with § 36-2-304(a)(4) because the defendant held the children out as her natural children. For these and other reasons, the trial court denied the plaintiff’s Rule 60.02 motion for relief. This appeal followed. Because the custody and visitation statutes specifically provide that only a parent has standing to seek custody and visitation in a divorce action, “the issue of standing is interwoven with that of subject matter jurisdiction and becomes a jurisdictional prerequisite.”Osborn v. Marr, 127 S.W.3d 737, 740 (Tenn. 2004). Therefore, the defendant must fit the statutory definition of “parent” for the court to have jurisdiction to grant visitation. Tennessee Code Annotated § 36-2-403 provides the single means of establishing the parentage of children born as a result of the in vitro fertilization procedure. See Tenn. Code Ann. § 36-2-401. Contrary to the plaintiff’s contention that all of the gametes (both the sperm and the egg) must be donated for § 36-2-403 to apply, we read the statute as addressing situations such as this one, where only half of the gametes are donated, as well as situations where all of the gametes are donated. Because the defendant contractually agreed to accept full legal rights and responsibilities for the embryos and any children produced as a result, the defendant is presumed to be the children’s parent under § 36-2-403(d); therefore, the defendant had standing to seek custody and visitation in the underlying divorce action. Accordingly, the trial court had subject matter jurisdiction over the controversy. For these reasons, we affirm the trial court’s decision to deny the plaintiff’s Rule 60.02 motion for relief from the judgment.
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Davidson | Court of Appeals | ||
Khalid Almuawi v. Antwan Gregory
The plaintiff and defendant were in a car accident when the defendant’s car rear-ended the plaintiff’s car. The defendant admitted liability, leaving only the issue of damages for trial. The jury awarded the plaintiff some damages, but the plaintiff argued he was entitled to a larger sum than the jury awarded. The plaintiff also argued that the defendant’s attorney misrepresented the evidence in his closing argument and that he was entitled to a new trial. We conclude that the jury’s verdict was supported by material evidence and that the trial court did not abuse its discretion in denying the plaintiff’s motion for a new trial. |
Davidson | Court of Appeals | ||
Diversified Financial Services, LLC v. Jeffrey Wayne Daniels
Defendant appeals the trial court’s decision to grant summary judgment to the plaintiff in this breach of contract case. Because Appellant failed to comply with Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss this appeal and remand to the trial court for a determination of the plaintiff’s damages incurred in defending a frivolous appeal. |
Lauderdale | Court of Appeals | ||
In re Ashlynn H.
A father appeals the termination of his parental rights to his child. The trial court determined that there were statutory grounds for terminating the father’s parental rights and that termination was in the child’s best interest. On appeal, we conclude that the father was given sufficient notice of three statutory grounds: abandonment by failure to visit or support the expectant mother, abandonment by wanton disregard, and failure to manifest an ability and willingness to assume custody or financial responsibility of his child. The record contains clear and convincing evidence to support two of the grounds for termination. But, because the trial court’s order lacks sufficient findings regarding the child’s best interest, we vacate and remand. |
Coffee | Court of Appeals | ||
Penny Brennan v. Randii Goble
This appeal arose from a personal injury action. The defendant filed a motion for summary judgment, accompanied by a statement of material facts in compliance with Tennessee Rule of Civil Procedure 56.03. The plaintiff responded to the defendant’s motion for summary judgment but failed to respond to the separate statement of material facts. As a result of the plaintiff’s failure to respond to the statement of material facts, the Trial Court deemed those facts as stated by the defendant as admitted and granted summary judgment in favor of the defendant upon its determination that the defendant had negated an essential element of the plaintiff’s claim. Discerning no error, we affirm. |
Blount | Court of Appeals | ||
Devin Buckingham v. Tennessee Department of Corrections, Et Al.
An inmate filed a complaint alleging theft against the Commissioner of the Tennessee Department of Correction and against the prison Warden. The Commissioner and the Warden moved to dismiss the complaint pursuant to Tennessee Rule of Civil Procedure 12.02(6). The trial court granted the motion. We have determined that the trial court failed to provide reasons for the dismissal of the complaint. Therefore, we vacate the judgment and remand. |
Morgan | Court of Appeals | ||
Nelson E. Bowers, II v. Estate of Katherine N. Mounger
This appeal concerns a real estate transaction that fell through. The Estate of Katherine N. Mounger (“the Estate”), as well as executors Katherine M. Lasater and E. Jay Mounger (“Defendants,” collectively), seek reversal of the judgment of the Circuit Court for Roane County (“the Trial Court”) whereby they were ordered to return $150,000 in earnest money to Nelson E. Bowers, II (“Plaintiff”), successor in interest to would-be purchaser of the property at issue, McKenzie Loudon Properties, LLC (“MLP”). Defendants appeal to this Court, arguing, among other things, that MLP first materially breached the contract for sale (“the Agreement”) by failing to perform a title examination and failing to notify it of a defect in title stemming from oral claims of ownership made by Charles Mounger. However, we find, as did the Trial Court, that the Estate had actual notice of the defect in title. Further, it was the Estate, rather than MLP, that materially breached the Agreement by failing to provide marketable title. Aside from an award to Plaintiff of attorney’s fees incurred on an earlier appeal in this matter which Plaintiff did not request from this Court in that earlier appeal, which we reverse, we affirm the judgment of the Trial Court and remand for an award to Plaintiff of reasonable attorney’s fees incurred on this appeal as requested. |
Roane | Court of Appeals | ||
The Law Offices of T. Robert Hill, PC f/k/a Hill Boren, PC v. Lewis Cobb, et al.
Following the dissolution of the law firm formerly known as Hill Boren, PC, Appellant brought, inter alia, the following claims: (1) Count 1: “Joint Enterprise/Venture/Aiding and Abetting Fiduciary Breach;” (2) Count 2: “No Derivative Cause of Action: Negligence and/or Fraud;” (3) Count 4: “Attempted Cover Up: Punitive Damages;” (4) Count 6: “Strict Liability in Tort for Misconduct of a Lawyer;” and (5) Count 7: “Liability of Lawyer Misconduct Causing Harm/Damage to a Foreseeable Non-Party Non-Client Ethical Differentiation Standard.” The trial court dismissed Appellant’s lawsuit on grant of Appellees’ Tennessee Rule of Civil Procedure 12 motion to dismiss and on grant of Appellees’ motion for summary judgment. In part, the dismissal was based on a final judgment in the underlying lawsuit, Boren v. Hill Boren, PC, No. W2019-02235-COA-R3-CV, 2021 WL 1109992 (Tenn. Ct. App. March 23, 2021). Subsequently, however, this Court dismissed the appeal of the underlying lawsuit on the ground that the order appealed was not final. As such, we vacate the trial court’s dismissal of a portion of Count 2 and Count 4 on the grounds of res judicata and collateral estoppel. The trial court’s orders are otherwise affirmed, and the Appellant’s request for stay is denied. |
Madison | Court of Appeals | ||
Alexander Mhlanga v. State of Tennessee
An inmate filed a petition for a common law writ of certiorari seeking review of the Tennessee Department of Correction’s disciplinary decisions. Because the inmate’s petition failed to comply with constitutional and statutory requirements, the trial court dismissed the petition for lack of subject matter jurisdiction. We affirm. |
Bledsoe | Court of Appeals | ||
Darrell Vaulx v. Tennessee Department of Transportation
A preferred service employee appealed the termination of his employment. After failing to obtain relief at the Step I or Step II reviews, the employee requested a Step III hearing before the Board of Appeals. At the conclusion of the employee’s proof, the state agency moved for an involuntary dismissal. The Board of Appeals found the employee had failed to present sufficient evidence to show a right to relief. The Board dismissed the appeal and upheld the dismissal decision. The employee sought judicial review of the Board’s decision. The chancery court affirmed. Finding no basis to reverse or modify the Board’s decision, we also affirm. |
Davidson | Court of Appeals | ||
Harpeth Financial Services, LLC v. Jim Clay Pinson, Jr. Et Al.
A collecting bank sued the drawer of a check, claiming that the drawer stopped payment on the check with fraudulent intent. The general sessions court, as well as the circuit court on de novo appeal, ruled in favor of the drawer. The bank argues that, because it was a holder in due course, the drawer was still liable on the check despite the stop-payment order. And it seeks an award of interest, court costs, attorney’s fees, and treble damages from the drawer, contending that the proof showed the drawer acted with fraudulent intent. We affirm the dismissal of the claim based on the drawer’s alleged fraudulent intent, but we vacate the dismissal of any claim based on the drawer’s obligation on the check. |
Davidson | Court of Appeals | ||
Teresa McCain v. Saint Thomas Medical Partners
Plaintiff employee appeals the trial court’s decision to grant summary judgment on her claims under the Tennessee Human Rights Act. We affirm, as modified, the dismissal of the plaintiff’s claims. |
Davidson | Court of Appeals | ||
In Re Lucas H.
This is an appeal from a denial of relief pursuant to a common law writ of certiorari arising out of a dependency and neglect case brought by Father against Mother in the juvenile court. The Guardian ad Litem appointed in the dependency and neglect case filed a motion to compel Mother to release copies of her mental health records, arguing that she is entitled to them under Tennessee Supreme Court Rule 40 and Tennessee Code Annotated section 37-1-411. In turn, Mother objected, arguing that her records are privileged, that she had not waived her privilege, and that the Guardian ad Litem was not otherwise entitled to the records. The juvenile court issued an order compelling Mother to release copies of her mental health records to the Guardian ad Litem. Mother thereafter filed a petition for writ of certiorari with the circuit court, seeking review of the juvenile court’s interlocutory order. The circuit court found the juvenile court’s actions proper under the writ of certiorari standard and granted Mother no relief. For the reasons contained herein, we reverse the decision of the circuit court and find that Mother is entitled to the relief sought under the common law writ of certiorari. |
Shelby | Court of Appeals | ||
Faye Maples Hall, Individually and As Personal Representative of The Estate of Alie Newman Maples, Deceased v. Park Grill, LLC
This case involves an alleged breach of a lease following the destruction of the building on the leased premises by the November 2016 Gatlinburg wildfires. The original lessor had entered into a lease in 2009 with the lessee, a company that had utilized the building primarily as a storage facility for its restaurants during the lease term. The lessor died in 2017. Acting in her own capacity and as personal representative of her mother’s estate, the lessor’s daughter filed a complaint in July 2019, alleging that the lessee had breached the lease by failing to utilize fire insurance proceeds to restore the building. The plaintiff requested that she be awarded a judgment for either the fair market value of the leased premises or the amount of the fire insurance proceeds. Upon cross-motions for summary judgment and following a hearing, the trial court found that the lease required the lessee to utilize fire insurance proceeds to make repairs only in the event that those repairs could be made within ten working days, which was undisputedly impossible following the fire. The trial court also found that, pursuant to Tennessee Code Annotated § 66-7-102(b), the lessee’s covenant to leave the leased premises in good repair did not obligate the lessee to restore the building absent fault, negligence, or an express agreement to the contrary. The plaintiff has appealed. Discerning no reversible error, we affirm. |
Sevier | Court of Appeals | ||
In Re Kaylene J. Et Al.
This case involves a petition to terminate a mother’s parental rights to her minor children. The petition was filed by the Tennessee Department of Children’s Services. The trial court granted the petition, finding multiple grounds for termination were established and that it was in the best interest of the children to terminate the mother’s parental rights. The mother appealed. We affirm the trial court’s decision in part, vacate in part, and remand. |
Rhea | Court of Appeals | ||
In Re Estate of Margie Ann Johnson
After the trial court found that a scrivener’s error mistakenly listed the incorrect grantee on a warranty deed, it reformed the deed to list the correct grantee. Discerning no error, we affirm. |
Sumner | Court of Appeals | ||
In Re Estate of Winston Verlon Clark, Sr.
This appeal arose from an order of the Hamilton County Chancery Court (“trial court”) determining that the decedent’s purported will did not meet the statutory requirements for proper execution of a last will and testament and that the decedent’s estate would therefore be probated as an intestate administration. The decedent’s surviving spouse had first attempted to probate the will via common form probate,1 alleging that the purported will met the statutory requirements for a holographic will. However, upon the decedent’s son’s motion to contest the proffered will in common form, the trial court determined that the purported will did not meet the statutory requirements of a holographic will pursuant to Tennessee Code Annotated § 32-1-105. The trial court further instructed that the decedent’s estate would proceed as an intestate estate. |
Hamilton | Court of Appeals | ||
Jack Kauffman Et Al. v. Timothy G. Forsythe Et Al.
A property owner shot and injured a trespassing dog. The dog’s owner, a family member, and an unrelated party posted negative comments about the property owner during his campaign for public office. After losing the election, the property owner and his wife sued the three individuals for defamation and false light invasion of privacy. The defendants filed a countercomplaint seeking damages for trespass to chattels, conversion, negligence, and trespass. The trial court dismissed all claims. The court also issued a restraining order enjoining the parties from making public comments about each other. We affirm the trial court’s finding that the property owner was a public figure when the allegedly defamatory statements were published. But because we conclude that the complaint sufficiently alleged actual malice, we reverse the dismissal of the defamation and false light invasion of privacy claims. We further conclude that the countercomplaint stated a cause of action for trespass to chattels, conversion, negligence, and trespass. So we reverse the dismissal of those counterclaims. We also vacate the restraining order. |
Rhea | Court of Appeals | ||
Erin Elizabeth Otto v. Timothy Jason Otto
This case involves a divorce action and several motions for contempt. Prior to the final hearing, the wife filed multiple motions for civil and criminal contempt against the husband. At the final hearing, the trial court resolved the divorce-related issues and found the husband in civil contempt on eight counts. The husband only appealed the trial court’s contempt ruling. We affirm the trial court’s decision, award the wife attorney’s fees on appeal, and remand. |
Hickman | Court of Appeals | ||
Jamie Gravatt v. Michael Barczykowski
This appeal arises from the modification of a parenting plan in a post-divorce action, upon a petition filed by the minor child’s mother. We have determined that the evidence does not preponderate against the trial court’s findings that there was a material change of circumstances under Tennessee Code Annotated sections 36-6-101(a)(2)(B) and 36-6-101(a)(2)(C) and that modification of the parenting schedule and of primary residential parent was in the best interest of the child. Therefore, we affirm the trial court’s order. |
Montgomery | Court of Appeals | ||
Bradley Church v. Cristal McMillan Church Jones
A father filed a petition to modify his monthly child support payments. Due to several delays, the trial court did not resolve the father’s petition for approximately four years. After hearing all the evidence, the trial court drastically reduced the father’s monthly support obligation and ordered the modification effective as of the last day of the modification hearing. The father appeals the trial court’s decision not to make the modification retroactive to the date the petition to modify was filed. Finding no abuse of discretion, we affirm. |
Hamilton | Court of Appeals |
