State of Tennessee v. Mark L. Ward
E2022-00951-CCA-R3-CD
The Appellant, Mark L. Ward, was convicted by a Knox County jury of aggravated
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 10/17/23 | |
Micah Joshua Ford, Alias Joseph Tolbert, III v. State of Tennessee
E2022-01240-CCA-R3-PC
Petitioner, Micah Joshua Ford, alias Joseph Tolbert, III, appeals the denial of his postconviction
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 10/17/23 | |
Pratik Pandharipande, M.D. v. FSD Corporation
M2020-01174-SC-R11-CV
This case arises from a dispute between a property owner and his homeowners’ association. The property owner, Pratik Pandharipande, purchased a home in a vacation community on a Tennessee lake, intending to use it as a short-term rental. At the time of the purchase, the property was subject to covenants requiring that the home be used for “residential and no other purposes.” The covenants were amended several years later to allow leases with minimum lease terms of thirty days. Pandharipande contends that neither the original covenants nor the amendments prohibit him from leasing his property for short terms of two to twenty-eight days. His homeowners’ association disagrees on both scores. We agree with Pandharipande that the original covenants requiring residential use of the property do not bar his short-term rentals, but we agree with the homeowners’ association that the amendments do. The trial court granted summary judgment in favor of the homeowners’ association based on both the original covenants and the amendments. The Court of Appeals affirmed. We affirm the Court of Appeals in part, reverse in part, and remand for further proceedings consistent with this opinion.
Authoring Judge: Justice Sarah K. Campbell
Originating Judge:Judge Jonathan L. Young |
DeKalb County | Supreme Court | 10/17/23 | |
James Paul Burkhart v. Kathryn Jean Burkhart
M2023-01390-COA-T10B-CV
In this accelerated interlocutory appeal, Appellant seeks to appeal from the denial of three separate motions to recuse the trial judge. As to the first motion, we affirm the trial court’s denial of that motion on the basis of Appellant’s failure to comply with Rule 10B of the Rules of the Supreme Court of the State of Tennessee. As the second and third recusal motion, we dismiss this appeal, as no effective order denying those motions has yet been entered by the trial court.
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge Joe Thompson |
Sumner County | Court of Appeals | 10/17/23 | |
Victericka Gilchrease v. State of Tennessee
W2023-00079-CCA-R3-PC
The Pettioner, Victercika Gilchrease, appeals from the post-conviction court’s denial of
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/17/23 | |
In Re Lieselotte H. Rogoish Revocable Living Trust
M2022-01464-COA-R3-CV
This appeal arises from a petition filed by a beneficiary of a trust seeking an accounting and removal of the trustee. The trustee asserted the affirmative defense that the beneficiary violated the no-contest clause in the settlor’s trust. The trustee served the beneficiary with requests for admissions, to which the beneficiary responded with objections to the majority of the requests. After the trial court granted his motion for the requests for admissions to be admitted, the trustee filed a motion for partial summary judgment based on the no-contest clauses in the trust and will of the settlor. The trial court granted the motion and dismissed the beneficiary’s petition with prejudice. The beneficiary appealed. We reverse and remand for further proceedings.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor Ben Dean |
Montgomery County | Court of Appeals | 10/16/23 | |
Dianne Hamilton, et al. v. Methodist Healthcare Memphis Hospitals
W2022-00054-COA-R3-CV
This appeal arises from a health care liability action filed in circuit court by a conservator
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Mary L. Wagner |
Shelby County | Court of Appeals | 10/16/23 | |
Victor Wise v. State of Tennessee
W2022-01109-CCA-R3-PC
In 2019, a Shelby County jury convicted the Petitioner, Victor Wise, of two counts of
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge James M. Lammey, Jr. |
Shelby County | Court of Criminal Appeals | 10/16/23 | |
Meredith Garrett v. Hidden Valley Homes, LLC et al.
M2022-01531-COA-R3-CV
In this breach of implied warranty of good workmanship and materials case, the trial court awarded Appellee $77,494.36 in damages. Although the parties agree that the proper measure of damages is the cost to repair the defects, the parties dispute the method of repair and its cost. In determining Appellee’s damages, the trial court relied on testimony from Appellee’s expert contractor. Discerning no error, we affirm the trial court’s order. The parties’ respective requests for appellate attorney’s fees are denied.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Appeals | 10/16/23 | |
State of Tennessee v. Alain Benitez
M2023-00074-CCA-R3-CD
The Defendant, Alain Benitez, appeals the Smith County Criminal Court’s imposition of consecutive sentencing for his two convictions of first degree felony murder. Upon review, we conclude that we must dismiss the appeal for lack of jurisdiction.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Brody N. Kane |
Smith County | Court of Criminal Appeals | 10/16/23 | |
In Re Preston H. (Concurring)
M2022-00786-COA-R3-PT
I concur in the result reached by the Court and in its analysis in all but one respect. In considering whether the father of Preston H., Christopher W. (“Father”), established an affirmative defense to the claim that he abandoned his child by failure to support, the Court reasons that it is unnecessary to determine “whether willfulness [of Father’s failure to support] presents a question of law, fact, or a mixed question of fact and law.” In my view, the outcome of the appeal depends on that determination.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Sharon Guffee |
Williamson County | Court of Appeals | 10/13/23 | |
State of Tennessee v. James Tyler Fucci
M2022-01425-CCA-R3-CD
The defendant, James Tyler Fucci, appeals the denial of his request for judicial diversion of the six-year sentence imposed for his Montgomery County Criminal Court guiltypleaded conviction of aggravated assault. Discerning no reversible error, we affirm. We remand for entry of a judgment on Count 2 reflecting that the charge was dismissed in accordance with the plea agreement.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert Bateman |
Montgomery County | Court of Criminal Appeals | 10/13/23 | |
State of Tennessee v. Christopher A. Williams
E2023-00332-CCA-R3-CD
Defendant, Christopher A. Williams, while on parole under a sentence from the Sullivan
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge James F. Goodwin, Jr. |
Sullivan County | Court of Criminal Appeals | 10/13/23 | |
Kimberly Miller v. State of Tennessee
M2022-00901-CCA-R3-PC
Petitioner, Kimberly Miller, appeals as of right from the Maury County Circuit Court’s denial of her petition for post-conviction relief, wherein she challenged her convictions for first degree premeditated murder and first degree felony murder, for which she received a life sentence. On appeal, Petitioner asserts that she was denied the effective assistance of counsel based upon trial counsel’s failure to permit Petitioner “to make a knowing, intelligent, and voluntary decision on whether to assert—or not assert—the statute of limitations for all lesser[-]included offenses of first degree murder and first degree felony murder” and counsel’s failure to file a motion to dismiss, “along with alternative requests for mandatory or permissive jury instructions, related to the violation of [Petitioner’s] Due Process rights under the federal and state constitutions” based upon a lengthy, pre-indictment delay. Following a thorough review, we affirm.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 10/13/23 | |
In Re Preston H.
M2022-00786-COA-R3-PT
Courts in both Florida and Ohio denied petitions to terminate Father’s parental rights in favor of the Prospective Adoptive Parents. While Florida courts were still exercising jurisdiction over the transition of the child from his Prospective Adoptive Parents to his Mother and Father, the Prospective Adoptive Parents sought for the third time to have a court terminate Father’s parental rights, asserting willful failure to support in Tennessee. The juvenile court dismissed the petition, finding that Father’s failure to support was not willful because the failure to support was tied to the Prospective Adoptive Parents’ representations that they would no longer pursue custody, to Father’s financial outlays related to preparing his home for a transition of custody, and to the complex, multi-jurisdictional nature of the litigation, in which Florida courts were expressly exercising jurisdiction for many months after the filing of the Tennessee petition and during the entirety of the period of non-payment. The Prospective Adoptive Parents appeal, asserting that the ground for termination was established by clear and convincing evidence, that termination is in the child’s best interest, and that the court erred in assessing fees for the guardian ad litem. We affirm the judgment of the juvenile court.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Sharon Guffee |
Williamson County | Court of Appeals | 10/13/23 | |
Akrem Hasan v. Jim Burrow et al.
M2023-01354-COA-R3-CV
This is an appeal from an order denying a motion for relief under Tennessee Rule of Civil Procedure 60.02. 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.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 10/13/23 | |
Jacob Thomas Cook Et Al v. Jefferson County, Tennessee Et Al
E2022-01537-COA-R3-CV
This case involves an accident between a motor vehicle and a school bus that occurred on
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge James L. Gass |
Jefferson County | Court of Appeals | 10/12/23 | |
State of Tennessee v. Markettus L. Patrick
W2022-01774-CCA-R3-CD
A Madison County jury convicted the Appellant, Markettus L. Patrick, of aggravated
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 10/12/23 | |
State of Tennessee v. Amanda Nicole George
W2023-00124-CCA-R3-CD
A Madison County jury convicted the Appellant of aggravated assault for which she
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Criminal Appeals | 10/12/23 | |
Ashley Denson Ex Rel. Bobbie J. Denson v. Methodist Medical Center of Oak Ridge Et Al.
E2023-00027-COA-R9-CV
This appeal arises from a health care liability action following the death of Ashley Denson
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Ryan M. Spitzer |
Court of Appeals | 10/12/23 | ||
Virgie Lee Parker v. Paul J. Parker
E2022-00720-COA-R3-CV
In this post-divorce action, the trial court denied the husband’s petition for contempt upon
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Michael E. Jenne |
Bradley County | Court of Appeals | 10/12/23 | |
Ashley Denson Ex Rel. Bobbie J. Denson v. Methodist Medical Center of Oak Ridge Et Al. - DISSENT
E2023-00027-COA-R9-CV
I agree with the majority’s secondary conclusion that Grandmother held standing to
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Ryan M. Spitzer |
Court of Appeals | 10/12/23 | ||
Jeremy Nathaniel Greene v. Laura E. Greene et al.
M2022-01171-COA-R3-CV
This is a divorce case. Husband appeals the trial court’s valuation and division of marital property and its award of attorney’s fees as alimony in solido to Wife. We affirm the trial court’s valuation and division of marital property. We vacate the trial court’s award of attorney’s fees to wife as alimony in solido based on the lack of findings in the trial court’s order. Tenn. R. Civ. P. 52.01. The case is remanded for findings on the issue of whether an award of attorney’s fees is appropriate under the factors prescribed in Tennessee Code Annotated section 36-5-121 and, if so, whether the amount of attorney’s fees is reasonable.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor J. B. Cox |
Bedford County | Court of Appeals | 10/11/23 | |
Paul Jerome Johnson, Jr. v. State of Tennessee
E2022-00295-CCA-R3-PC
Petitioner, Paul Jerome Johnson, Jr., appeals the denial of his post-conviction petition,
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 10/10/23 | |
William Heath v. State of Tennessee
W2022-01459-CCA-R3-PC
The Petitioner, William Heath, appeals from the Shelby County Criminal Court’s denial of
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 10/10/23 |