COURT OF APPEALS OPINIONS

Tina M. Vasudeva v. Kathie Barker
M2023-01121-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Larry B. Stanley, Jr.

The trial court granted Appellee’s motion for extension of an order of protection against
Appellant. Appellant argues that her due process rights were violated insofar as she was
denied the opportunity to confront witnesses and offer testimony. Based on the statement
of the evidence, we agree. Vacated and remanded.

F. W. White & Associates, LLC Et Al. v. John R. Chilton Et Al.
E2023-00414-COA-R3-COA-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Senior Judge Don R. Ash

This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial
Village Apartments, LLC, and Centennial Village Development, LLC (“Appellants,” collectively) in the Chancery
Court for Anderson County (“the Trial Court”) for breach of contract and quantum meruit. Appellants, in turn,
sued Appellees for slander of title based on Appellees’ having recorded a document asserting an interest in the
real property at issue. Appellants also sued FWA’s attorney Gregory Pratt (“Pratt”), who recorded the document. The Trial Court granted summary judgment to Pratt based on the litigation privilege. Following a
bench trial, the Trial Court awarded FWA judgment against Appellants in the amount of $125,000.00 for money
owed under a May 2008 consulting agreement (“the 2008 Agreement”). Regarding Appellants’ slander of title
claim, the Trial Court found that White believed he was owed money and did not act maliciously. Appellants
raise several issues on appeal. Meanwhile, Appellees contend that the Trial Court erred in declining to award
FWA its attorney’s fees and costs under the 2008 Agreement. We affirm the Trial Court. On remand, the Trial
Court is to determine and award to FWA its reasonable attorney’s fees and costs incurred on appeal related to
the enforcement of the 2008 Agreement.

Brett Thomas Ferguson v. Lucy Maria Traughber
M2023-01052-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Joel Perry

The trial court granted Appellee/Father’s petition to change his son’s surname from Appellant/Mother’s surname to Father’s. Mother appeals. Because Father did not carry his burden of proof to demonstrate that changing the child’s name is in the child’s best interest, we reverse and remand.

Kathleen Nell Snapp v. Timothy Alva Snapp
E2023-00251-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor Katherine Leigh Priester

In this divorce appeal, the husband challenges the trial court’s classification of real estate as marital property and
its ruling regarding dissipation of the marital estate. Following a thorough review of the record, we affirm the
judgment of the trial court.

Rebecca Byrd v. Clarksville-Montgomery County School System
M2023-01210-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Ben Dean

A tenured teacher sought judicial review of her reprimand and one-day suspension. The chancery court modified the discipline imposed by the director of schools. Because we conclude that the teacher did not timely petition for judicial review, we vacate the judgment with instructions to dismiss for lack of subject matter jurisdiction.

James R. Tarwater v. Hardik Patel Et Al.
E2024-00043-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor James H. Ripley

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment,
this Court lacks jurisdiction to consider this appeal.

Loring Justice v. Kim Nelson Et Al.
E2023-00407-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Melissa Thomas Willis

Loring Justice (“Justice”) filed a complaint against Kim Nelson (“Nelson”); David Valone (“Valone”) and the Law
Office of David Valone (collectively, “Valone Defendants”); and Martha Meares (“Meares”), and Meares and
Associates and/or Meares and Dillard (collectively, “Meares Defendants”), (collectively, “Defendants”) in the
Chancery Court for Knox County (“the Trial Court”). Justice alleged, inter alia, wrongful execution of judgment and
abuse of process. Nelson filed a motion to classify Justice’s action as an abusive civil action (“ACA”) pursuant to
Tenn. Code Ann. § 29-41-101, et seq. The Trial Court granted Nelson’s ACA motion, and Justice appealed. Having
reviewed the evidence, we affirm, albeit for somewhat different reasons than provided by the Trial Court.

Christopher Hinds Et Al. v. Patsy Selman Oliver Et Al.
E2023-00137-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge L. Marie Williams

This case involves a dispute over recovery under the Tennessee uninsured/underinsured motorist statutory scheme. The plaintiffs initiated a lawsuit against the defendant driver and served notice on their own insurance carrier. The plaintiffs also served notice on the insurance carrier covering the borrowed vehicle that the plaintiffs had been utilizing when the accident occurred. The plaintiffs’ insurer entered into a settlement with the plaintiffs for $50,000 each, an amount that equaled the policy limit of the uninsured motorist coverage provided in the policy covering the borrowed vehicle. The defendant driver’s insurer also entered into a settlement with the plaintiffs, paying them $30,000 each. The uninsured motorist carrier covering the borrowed vehicle filed a motion for summary judgment. Following a hearing, the trial court granted summary judgment in favor of the insurance carrier upon concluding that Tennessee Code Annotated § 56-7-1201(b)(3)(D) and the policy covering the borrowed vehicle limited the plaintiffs’ recovery via judgment to an amount no greater than the policy providing the highest limits of uninsured motorist coverage. Plaintiffs have appealed.
Discerning no reversible error, we affirm.

In Re Remington C., Et Al.
M2023-00983-COA-R3-PT
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Larry B. Stanley, Jr.

In this parental termination case, the paternal grandparents filed a petition to terminate the
mother’s parental rights to her four children, alleging several grounds for termination. The
trial court found that one ground 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 court terminated the mother’s parental rights. The mother appeals. We affirm the trial
court’s finding that the termination ground of abandonment by wanton disregard pursuant
to Tennessee Code Annotated § 36-1-102(1)(A)(iv)(c) has been proven and that
termination of the mother’s parental rights is in the children’s best interests. Accordingly,
we affirm the termination of the mother’s parental rights.

John David Ruff v. Vanderbilt University Medical Center
M2022-01414-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Joseph P. Binkley, Jr.

The plaintiff filed a health care liability action without a certificate of good faith. When the defendant moved to dismiss, the plaintiff asserted that the certificate was unnecessary because the common knowledge exception applied. He also contended that his noncompliance should be excused based on the defendant’s failure to timely provide medical records and/or for extraordinary cause. The trial court rejected the plaintiff’s arguments and dismissed the action with prejudice. We affirm.

Delvon Paden v. Kyrstyen Davison
M2023-00240-COA-R3-JV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Timothy K. Barnes

The trial court entered a permanent parenting plan in 2014 that governed the parties’ custody arrangement for nine years. In 2022, the child’s father petitioned the juvenile court for a modification of the parenting plan. During the pendency of the modification petition, he also filed a motion for a restraining order to prevent the child’s mother from removing the parties’ daughter from his custody, which was granted. After a hearing on the modification petition, the court found a material change in circumstances had occurred warranting modification and that modification of the custody arrangement was in the child’s best interest. We affirm.

Hope Federal Credit Union v. Jenifer Griffin v. Allstate Corporation ET AL.
W2023-00310-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Rhynette N. Hurd

This appeal concerns a dispute over insurance coverage. After a fire loss, the insured brought a breach of contract claim against her insurer. The insurer subsequently filed a motion for summary judgment. The trial court awarded summary judgment to the insurer, finding that the insured was not entitled to coverage for additional living expenses because she did not have an insurable interest in the property and that the insured’s contents coverage claim was precluded under the doctrine of judicial estoppel. The insured appeals. We reverse and remand.

Rodney N. Washington v. Music City Autoplex, LLC
M2023-00286-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Amanda J. McClendon

This is an appeal from a trial court’s dismissal of a complaint for race discrimination for failure to state a claim. For the following reasons, we affirm the decision of the circuit court.

Angel Aguilar ET AL v. Eads Auto Sales
W2023-00914-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Gina C. Higgins

In an appeal from a general sessions court judgment, the trial court awarded the plaintiffs compensatory damages for a misrepresentation by a car dealer, declined to award treble damages, and awarded the plaintiffs only a portion of their attorney’s fees. Both parties appeal. We vacate the denial of treble damages, but otherwise affirm the decision of the trial court.

Donald Douglas Wright v. Angel Sims Wright
M2023-01134-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Phillip R. Robinson

In this post-divorce dispute over child support, the mother has appealed an order striking her pleadings and granting the father a default judgment as to his counter-petition. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment.

Michael Frisbey Et Al. v. Salem Pointe Capital, LLC Et Al.
E2023-01233-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Jerri Bryant

The company holding developer’s rights to a subdivision and the company’s principal member used the developer’s rights to unilaterally remove a board member from the board of the subdivision’s homeowners’ association. The aggrieved board member and his wife filed suit, asking for an injunction allowing the plaintiff to remain a board member. The trial court granted the plaintiff’s request for a temporary injunction and later held that the defendant company lacked the authority to remove the plaintiff as a board member. The trial court reasoned that the bylaw on which the company relied in removing the board member was contrary to state law and improper. Defendants appealed to this Court. We reverse in part and affirm in part, affirming the trial court’s ultimate ruling that the plaintiff is entitled to his seat on the homeowners’ association board.

Roger Glen Vincent v. Deborah Lynn Vincent
M2023-01116-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Adrienne Gilliam Fry

In this divorce action, the wife contends that the trial court inequitably divided the parties’
marital estate. The trial court awarded the husband the divorce on the ground of
irreconcilable differences, classified the parties’ assets as separate or marital, and then
divided the parties’ marital estate. The court also determined that an award of alimony to
the wife was not appropriate and further denied the wife’s motion for civil contempt. This
appeal by the wife followed. Due to the wife’s failure to file a table that lists “all properties
and debts considered by the trial court, including: (1) all separate property, (2) all marital
property, and (3) all separate and marital debts,” as required by Court of Appeals Rule 7,
along with other deficiencies in the wife’s brief, we conclude that she has waived her issues
on appeal. Accordingly, we affirm the judgment of the trial court.

James V. Holleman v. Barbara J. Holleman
E2022-01396-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Clarence E. Pridemore, Jr.

After many years of contentious post-divorce litigation, the trial court ordered the court clerk’s office to distribute property-sale proceeds to the parties. The trial court also ordered that the wife’s portion of the sale proceeds be taxed in an amount sufficient to satisfy a previous sanctions award against the wife and an award of attorney’s fees to the husband. The wife appeals to this Court. Discerning no error, we affirm.

Leslie Burke et al. v. Department of Children's Services
E2023-00904-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Douglas T. Jenkins

This is a child custody matter involving the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. § 36-6-201, et seq. (“the UCCJEA”). Leslie Burke and Melissa Burke (“the Burkes”) received temporary custody pending adoption of the minor child Jane Doe (“the Child”) from an Indiana court (“the Indiana Court”). The Burkes then brought the Child to Tennessee. The Tennessee Department of Children’s Services (“DCS”) later filed a dependency and neglect action in the Juvenile Court for Greene County (“the Juvenile Court”). DCS alleged that the Child disclosed having been sexually abused in previous adoptive homes, and that the Burkes were not cooperating with individual therapy for the Child. The Juvenile Court ordered the Child’s removal into DCS custody. The Child’s legal parents in Indiana surrendered their parental rights. DCS moved for guardianship of the Child in the Circuit Court for Greene County (“the Circuit Court”), which the Circuit Court granted. The Burkes sued DCS2 in the Circuit Court challenging the legal parents’ surrender of their parental rights and the Circuit Court’s award of full guardianship to DCS. The Burkes and DCS filed motions for summary judgment. The Circuit Court ruled in favor of DCS, dismissing the Burkes’ complaint. The Burkes appeal, arguing that the Circuit Court lacked subject matter jurisdiction even though the Indiana Court expressly ceded jurisdiction to Tennessee. We hold, inter alia, that Indiana relinquished its exclusive, continuing jurisdiction. We affirm

In Re Destiney S. et al.
E2023-00895-COA-R3-PT
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Judge Michael Pemberton

The Department of Children’s Services filed a petition to terminate the mother’s parental rights to her five children on multiple grounds. The trial court found that grounds had been proven and that termination of the mother’s parental rights was in the children’s best interests. The mother of all five children appeals. For the reasons stated below, we vacate that part of the judgment terminating Mother’s parental rights to Destiney S. and Serenity S. because they attained the age of majority prior to the entry of the final judgment. As for the three youngest children, Aurora R., Kanan R., and Kyaion R., we affirm the trial court’s determination that grounds for termination of Mother’s parental rights were proven and that termination of Mother’s parental rights is in their best interests. Accordingly, we affirm the termination of Mother’s parental rights to Aurora R., Kanan R., and Kyaion R.

Hollie Cherry v. Lori Christine Moss, et al.
W2023-00146-COA-R3-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Special Judge W. Ray Glasgow

Grandmother appeals the denial of her petition for grandparent visitation, arguing that the trial court failed to apply the presumption of irreparable harm contained in Tennessee Code Annotated section 36-6-306(a)(5). Because Grandmother never asked the trial court to apply a rebuttable presumption of harm, we affirm.

John Stalnaker, Jr. v. Carole Cupp
M2023-00404-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Deanne B. Johnson

The beneficiary of a trust sued the trustee, who also served as the executor of the estate of the beneficiary’s stepmother, for various claims, including breach of fiduciary duty and conversion. The trustee moved to dismiss the petition pursuant to Tenn. R. Civ. P. 12.02(6), and the trial court granted the motion after concluding that the breach of fiduciary duty claim was time-barred and that the petition failed to allege facts sufficient to establish a claim for conversion. Discerning no error, we affirm the trial court’s decision.

Deirdra Ransom et al. v. Legends Bank
M2023-00132-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Joe Thompson

This appeal arises from a dispute regarding a residential property mortgage and the subsequent default, foreclosure, and eviction. Because the notice of appeal was not timely filed, we find that this court does not have jurisdiction over the matter. Accordingly, we dismiss the appeal.

Janet Sura v. Jimmy's Last Laugh LLC
M2023-01174-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Thomas W. Brothers

Plaintiff sued the owner of a hotel after she fell in its lobby. The trial court granted summary judgment in favor of the defendant, concluding that the defendant did not owe a duty to the plaintiff. Because the trial court’s order does not adequately explain how an expert report proffered by the plaintiff was treated in adjudicating the motion for summary judgment, we vacate and remand to the trial court for the entry of an order that addresses this issue.

Cherokee Fiber & Associates , Inc. v. David Gerregano, Commissioner of the Tennessee Department of Revenue
M2023-00748-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Russell T. Perkins

The Tennessee Department of Revenue conducted an audit of a business and assessed unpaid taxes against the business. After an informal review by the Commissioner of the Tennessee Department of Revenue, the business filed suit in the Chancery Court for Davidson County to challenge the assessment. The trial court concluded that the complaint was not timely filed, thus preventing the court from exercising subject matter jurisdiction over the complaint. Finding no error, we affirm the chancellor’s decision.