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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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. - 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 | |
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 | |
Victor Lee Hyatt v. Suzanne Lee Hyatt
M2023-00037-COA-R3-CV
This appeal arises from a post-divorce petition for contempt. Because we conclude that the trial court’s order failed to resolve all the issues before the court, we dismiss the appeal for lack of a final judgment.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Matthew Joel Wallace, |
Montgomery County | Court of Appeals | 10/10/23 | |
State of Tennessee v. Dustin Len Lovelace
W2022-01516-CCA-R3-CD
A Decatur County Jury found Dustin Len Lovelace, Defendant, guilty of facilitation of
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge J. Brent Bradberry |
Decatur County | Court of Criminal Appeals | 10/10/23 | |
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 | |
State of Tennessee v. Nicolas Wayna Johnson
W2022-01041-CCA-R3-CD
A Madison County jury convicted the Appellant, Nicolas Wayna Johnson, of possession
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 10/09/23 | |
State of Tennessee v. Taylor Jenkins Littrell
W2022-01433-CCA-R3-CD
The Appellant, Taylor Jenkins Littrell, appeals the Carroll County Circuit Court’s order
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Bruce Irwin Griffey |
Carroll County | Court of Criminal Appeals | 10/09/23 | |
In Re Skylith F. et al.
M2022-01231-COA-R3-PT
This appeal concerns the termination of a mother’s parental rights. Step-grandparents Joe K. and Lois K. (“Petitioners”) filed a petition in the Circuit Court for Montgomery County (“the Trial Court”) seeking to terminate the parental rights of Vernetta G. (“Mother”) to her minor children, Skylith F., Zelda F., and Celeste G. (“the Children”). After a hearing, the Trial Court entered an order terminating Mother’s parental rights on the grounds of abandonment by failure to support, abandonment by failure to visit, and persistent conditions. Mother appeals. Mother argues, among other things, that she was thwarted by Petitioners from visiting the Children more often than she did. We find by clear and convincing evidence, as did the Trial Court, that Petitioners proved three grounds for termination of Mother’s parental rights. We find further by clear and convincing evidence, as did the Trial Court, that termination of Mother’s parental rights is in the Children’s best interest. We affirm.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge Kathryn Wall Olita |
Montgomery County | Court of Appeals | 10/09/23 | |
In Re Skylith F. et al. (Concurring)
M2022-01231-COA-R3-PT
I concur in the majority’s thoughtful and well-reasoned opinion, but I write separately to reflect a variance of view with the majority’s determination as to the appropriate four-month statutory time period for assessing the ground for termination for abandonment by failure to support. In assessing abandonment, the General Assembly has directed Tennessee courts to consider “a period of four (4) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or any amended petition to terminate the parental rights . . . .” Tenn. Code Ann. § 36-1-102(1)(A)(i) (West July 1, 2021 to May 8, 2022). The majority concludes that the correct four-month period to examine for the ground of abandonment by failure to support in this case is the four months prior to the granting of the motion to amend, running from July 18, 2021, to November 17, 2021, rather than the four months prior to the time the amended petition was filed on September 24, 2021. I do not necessarily disagree with the majority on this point. Where I respectfully diverge is that I do not think it is necessary to decide between these two time periods in this case and would reserve doing so for a more appropriate case.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Kathryn Wall Olita |
Montgomery County | Court of Appeals | 10/09/23 |