Essy Kazemi et al. v. Hamid Arab
M2022-00707-COA-R3-CV
The Defendant signed a promissory note and borrowed $500,000 from the Plaintiffs, with the loan secured by his home. Months later, the parties entered into a note modification agreement that increased the principal to $900,000. The Defendant did not pay back the loan, making no payments, so the Plaintiffs sued to recover under the agreements. Over two years after the original answer was filed, the Defendant moved to amend his answer to add several affirmative defenses. The trial court denied the motion to amend. After a trial, the trial court found that the Defendant owed the Plaintiffs $843,011.47. The Defendant appeals the denial of his motion to amend and raises multiple other issues primarily relating to the amount owed. We find no error and affirm the trial court.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Deanna B. Johnson |
Williamson County | Court of Appeals | 02/29/24 | |
In Re S.C., et al.
W2022-01709-COA-R3-JV
Mother appeals the trial court’s finding that her children were dependent and neglected.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Appeals | 02/29/24 | |
Raymond T. Throckmorton, III, et al. v. Steven L. Lefkovitz, et al.
M2022-01124-COA-R3-CV
The plaintiff attorneys filed this action alleging tortious interference with a business relationship and unlawful procurement of breach of contract, Tennessee Code Annotated section 47-50-109, against the defendant attorney and his law firm for his defense of their former clients in an action to recover fees. The trial court granted summary judgment in favor of the defendant attorney and the law firm. We affirm.
Authoring Judge: Judge John W. McClarty
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 02/29/24 | |
In Re Estate of Thomas Lee Griffin
W2023-00508-COA-R3-CV
This appeal arises from a petition for declaratory judgment concerning a quit claim deed.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Joe Townsend |
Shelby County | Court of Appeals | 02/29/24 | |
State of Tennessee v. Matthew Smith
W2023-00482-CCA-R3-CD
After a Shelby County jury trial, Defendant, Matthew Smith, was convicted of aggravated rape, aggravated burglary, robbery, and theft of property valued at $10,000 or more but less than $60,000. The trial court sentenced him to an effective term of thirty years in the Tennessee Department of Correction (TDOC). On appeal, Defendant argues the evidence produced at trial was insufficient to sustain his convictions and that his dual convictions for robbery and theft violate his protections against double jeopardy. We conclude the evidence was sufficient to sustain Defendant’s convictions, but we also conclude the trial court should have merged Defendant’s convictions for robbery and theft. We, therefore, remand the case to the trial court to merge the appropriate counts but affirm the judgments of the trial court in all other respects.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 02/29/24 | |
State of Tennessee v. Jeffrey Lynn Wilkes
W2023-00619-CCA-R3-CD
The Defendant, Jeffrey Lynn Wilkes, pled guilty in the Dyer County Circuit Court to
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Mark L. Hayes |
Dyer County | Court of Criminal Appeals | 02/29/24 | |
In Re Daxleigh F. Et Al.
E2023-00749-COA-R3-PT
This is a termination of parental rights case. Appellant/Mother appeals the trial court’s termination of her parental rights on the grounds of: (1) abandonment by failure to support; (2) persistence of the conditions that led to the children’s removal; and (3) failure to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the children. The trial court also determined that termination of Mother’s parental rights is in the children’s best interests. Discerning no error, we affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Sharon M. Green |
Washington County | Court of Appeals | 02/29/24 | |
State of Tennessee v. Gemeyal Strowder
W2023-00936-CCA-R3-CD
The defendant, Gemeyal Strowder, entered an open plea to aggravated robbery, and the
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge J. Weber McCraw |
McNairy County | Court of Criminal Appeals | 02/28/24 | |
Stoneybrooke Investors LLC v. Agness McCurry
E2024-00253-COA-T10B-CV
This matter involves an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the Washington County Circuit Court’s denial of a motion to recuse filed by the appellant. Having reviewed the petition for recusal appeal and other filings submitted by the appellant, we determine that the appellant failed to comply with the mandatory requirements of Rule 10B. We therefore affirm the trial court’s ruling.
Authoring Judge: Judge Thomas R. Frierson
Originating Judge:Senior Judge D. Kelly Thomas, Jr. |
Washington County | Court of Appeals | 02/28/24 | |
State of Tennessee v. Leroy Moreno
W2023-00316-CCA-R3-CD
The Fayette County Circuit Court sentenced the Defendant, Leroy Moreno, as a Range I
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge J. Weber McCraw |
Fayette County | Court of Criminal Appeals | 02/28/24 | |
State of Tennessee v. Darrius Levon Robinson
E2023-00391-CCA-R3-CD
The Defendant, Darrius Levon Robinson, appeals from his guilty-pleaded conviction for attempted second degree murder, a Class B felony. See T.C.A. §§ 39-13-210 (2018)(second degree murder); 39-12-101 (2018) (criminal attempt). The trial court ordered the Defendant to serve the agreed upon eight-year, Range I sentence in confinement. On appeal, the Defendant contends the court erred by denying alternative sentencing and
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Boyd M. Patterson |
Hamilton County | Court of Criminal Appeals | 02/28/24 | |
State of Tennessee v. Uel Pearson
W2023-00254-CCA-R3-CD
The defendant, Uel Pearson, was convicted by a Gibson County jury of first-degree murder,
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Clayburn Peeples |
Gibson County | Court of Criminal Appeals | 02/28/24 | |
In Re Ember H. Et Al.
E2023-00687-COA-R3-PT
This appeal concerns termination of parental rights. Maternal grandparents Chaunta C. (“Grandmother”) and Thomas C. (“Petitioners,” collectively) filed a petition in the Juvenile Court for Knox County (“the Juvenile Court”) seeking to terminate the parental rights of Bethany U. (“Mother”) to her minor children Ember H. and Erowynn H. (“the Children,”collectively). After a hearing, the Juvenile Court entered an order terminating Mother’s parental rights on grounds of abandonment by failure to visit, abandonment by failure to support, failure to manifest, and persistent conditions. Mother appeals, arguing among other things that Petitioners prevented her from visiting the Children. We vacate the ground of persistent conditions. However, we find, as did the Juvenile Court, that the three other grounds were proven by clear and convincing evidence. We find further by clear and convincing evidence, as did the Juvenile Court, that termination of Mother’s parental rights is in the Children’s best interest. We thus affirm as modified, resulting in affirmance of the termination of Mother’s parental rights to the Children.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Timothy E. Irwin |
Knox County | Court of Appeals | 02/28/24 | |
In Re Nevaeh K.
E2023-01106-COA-R3-PT
This is a termination of parental rights case. Both parents appeal the trial court’s determination of the existence of statutory grounds to terminate their rights, as well as its conclusion that termination is in their child’s best interests. The father also challenges whether the trial court erred in denying his motion for in-person attendance at trial. Upon our review of the record, we affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Mark Toohey |
Sullivan County | Court of Appeals | 02/28/24 | |
State of Tennessee v. Darunn Turner
W2022-01389-CCA-R3-CD
The Appellant appeals his convictions of voluntary manslaughter, reckless endangerment
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge James M. Lammey |
Shelby County | Court of Criminal Appeals | 02/27/24 | |
State of Tennessee v Gavin Quaedlieg
E2023-00542-CCA-R3-CD
A Knox County jury convicted the Defendant, Gavin Quaedvlieg, of rape. The Defendant appeals, contending that the prosecutor impermissibly commented upon his silence at trial during the State's rebuttal closing argument and that the trial court erred in denying his motion for new trial on this issue. The State argues that the Defendant has waived plenary review of this issue and that he is not entitled to plain error relief. In his reply brief, the Defendant counters that he has not waived plenary review and that, in any event, he is entitled to plain error relief. We conclude that the Defendant has waived plenary review and that he is not entitled to plain error relief. We affirm the judgment of the trial court.
Authoring Judge: Kyle A. Hixson
Originating Judge:Steven W. Sword, Judge |
Knox County | Court of Criminal Appeals | 02/27/24 | |
State of Tennessee v. Bobby Neil Mathis, Jr.
W2022-01588-CCA-R3-CD
A Madison County jury found Defendant, Bobby Neil Mathis, Jr., guilty as charged of one count of rape of a child and one count of continuous sexual abuse of a child. The trial court merged the two counts and sentenced Defendant to thirty years in the Tennessee Department of Correction. On appeal, Defendant argues he is entitled to a new trial because the State failed to elect offenses for the two counts presented to the jury, the trial court erred in failing to issue a modified unanimity instruction, and the evidence was insufficient to sustain the jury’s verdicts. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 02/27/24 | |
State of Tennessee v. Rashard Fair
W2023-00234-CCA-R3-CD
The Defendant, Rashard Fair, pled guilty in the Shelby County Criminal Court to voluntary
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Paula L. Skahan |
Shelby County | Court of Criminal Appeals | 02/27/24 | |
State of Tennessee v. Darunn Turner - Concur
W2022-01389-CCA-R3-CD
I agree with the majority that the trial court properly imposed maximum,
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge James M. Lammey |
Shelby County | Court of Criminal Appeals | 02/27/24 | |
In Re Chance B. et al.
M2023-00279-COA-R3-PT
Mother appeals the termination of her parental rights and the stepparent adoption of her two children by their stepmother. The trial court found three grounds for termination: abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume custody. The trial court also concluded that terminating Mother’s parental rights was in the children’s best interest. The termination was conjoined with a stepparent adoption, which the trial court granted. The Mother appeals. We affirm the judgment of the trial court terminating Mother’s parental rights and granting the stepparent adoption.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Ben Dean |
Montgomery County | Court of Appeals | 02/26/24 | |
Loren Probst Et Al. v. Liberty Mutual Group, Inc. Et Al.
M2022-01477-COA-R3-CV
This appeal challenges the enforceability of a purported settlement agreement among homeowners, their insurance provider, and a service provider. The plaintiffs originally brought claims against their insurance provider and a service provider after efforts to repair water damage resulted in further damage to their home. The dispute progressed to settlement negotiations, and it seemed an agreement was reached; however, the plaintiffs stopped short of executing the written agreement. The defendants filed a joint motion to enforce the settlement agreement, which the plaintiffs opposed in the trial court, claiming that “counsel was not provided with express authorization to accept” the defendants’ counteroffer. The trial court deemed it a case of “buyers’ remorse” and granted the defendants’ motion to enforce the settlement agreement. On appeal, the plaintiffs raise the sole issue of whether a condition subsequent made the agreement unenforceable. Defendants contend that this issue was waived because it was not raised in the trial court. We have determined that the plaintiffs waived their only issue on appeal by failing to raise it in the trial court. We have also determined, as the defendants contend, that the trial court correctly ruled that the parties entered into an enforceable settlement agreement. Thus, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Frank G. Clement
Originating Judge:Chancellor J. B. Cox |
Marshall County | Court of Appeals | 02/26/24 | |
State of Tennessee v. Antwain Tapaige Sales
M2023-00948-CCA-R3-CD
The pro se petitioner, Antwain Tapaige Sales, appeals the Bedford County Circuit Court’s order dismissing his Rule 36.1 motion to correct an illegal sentence. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Forest A. Durard, Jr. |
Bedford County | Court of Criminal Appeals | 02/26/24 | |
State of Tennessee v. Shaun Dewayne Patton
M2023-00778-CCA-R3-CD
The defendant, Shaun Dewayne Patton, appeals his Robertson County Circuit Court conviction of evading arrest, challenging the sufficiency of the convicting evidence. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert Bateman |
Robertson County | Court of Criminal Appeals | 02/26/24 | |
State of Tennessee v. Branden Eric Michael DeLong
W2023-01111-CCA-R3-CD
The Defendant, Branden Eric Michael Delong, appeals the Chester County Circuit Court’s
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Kyle C. Atkins |
Chester County | Court of Criminal Appeals | 02/26/24 | |
Joseph Wilson v. State of Tennessee
W2023-00192-CCA-R3-PC
The Petitioner, Joseph Wilson, was convicted in 2001 by a Madison County Circuit Court
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 02/26/24 |