APPELLATE COURT OPINIONS

Defendant appeals the trial court’s decision to deny its motion to dismiss for lack of personal jurisdiction and grant the plaintiff’s motion to confirm an arbitration award. Because we conclude that the plaintiff failed to establish that the trial court had either specific or general jurisdiction over this matter, we reverse.

This post-divorce appeal concerns the trial court’s classification, valuation, and equitable division of marital property. Following our review of the record, we affirm the trial court’s judgment.

The Petitioner, Lizandro Guevara, appeals the Davidson County Criminal Court’s dismissal of his petition requesting DNA analysis of evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon our review, we affirm the judgment of the post-conviction court.

After a jury trial, Appellant received a $500.00 award. She then moved for a judgment notwithstanding the verdict based on the exclusion of certain testimony, which the trial court denied. On appeal, Appellant again argues that the trial court erred in excluding the testimony. Because Appellant failed to properly raise these issues post-trial, the issues are waived, and the trial court’s judgment is affirmed.

This appeal concerns service of process and the statute of limitations. Vicki Ann Giro (“Giro”) sued Kaleb Wilburn (“Wilburn”) in the Circuit Court for Knox County (“the Trial Court”) for injuries Giro sustained in a car accident with Wilburn. Giro failed to timely serve the summons in compliance with Tenn. R. Civ. P. 3 and failed to issue new process before the statute of limitations expired. Giro filed a motion for enlargement of time. In opposition to Giro’s motion, the Trial Court was furnished with an altered copy of Hollis ex rel. Nicole N. v. Sanchez, No. M2022-01190-COA-R3-CV, 2023 WL 5920145 (Tenn. Ct. App. Sept. 12, 2023), no appl. perm. appeal filed. The altered copy of Hollis retains the heading “MEMORANDUM OPINION” but omits Footnote 1 stating that, as a memorandum opinion, Hollis is not to be cited or relied on in any unrelated case pursuant to Tenn. Ct. App. R. 10. The Trial Court, which had been furnished on Wilburn’s behalf with the altered copy missing the explanatory footnote, relied heavily on Hollis to deny Giro’s motion for enlargement of time. We therefore vacate the judgment of the Trial Court and remand for the Trial Court to exercise its discretion on whether to grant Giro’s motion for enlargement of time without considering Hollis or any other opinion designated by this Court as a memorandum opinion.

Defendant, Demond Maurice Buchanan, appeals his resentencing resulting in a 52-year sentence, imposed following the trial court’s revocation of his original 12-year community corrections sentence. Defendant argues the sentence is excessive and the trial court misapplied enhancement factors. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court in all respects, but, because Defendant’s 12-year sentence for evading arrest in case number 2016-C-1352 is illegal, we modify the sentence to six years and remand for entry of a corrected judgment in that case.

This appeal stems from a petition for a parenting plan modification filed by Jacob Cipolla (“Father”). Father shares one child with Sylvia Coutras (“Mother”). The parties engaged in contentious and protracted litigation over the custody of their child. In October of 2022, a juvenile court magistrate entered an order naming Father as the child’s primary residential parent. Mother sought a rehearing before the juvenile court judge pursuant to Tennessee Code Annotated section 37-1-107 but later withdrew that request. The juvenile court subsequently entered an order awarding Father his attorney’s fees as the prevailing party. Mother appeals that ruling to this Court. Discerning no error, we affirm.

Bringing a suit pro se, a Patient sued his healthcare providers under the Tennessee Health Care Liability Act. The trial court dismissed the Patient’s claims, deeming them time-barred. Instead of promptly appealing that order, the Patient serially submitted various motions over the course of approximately a year. The trial court denied the Patient’s motions. The Patient appeals. Concluding that this court lacks subject matter jurisdiction, we dismiss the Patient’s appeal.

This began as an immediate appeal of an order dismissing a suit under the Tennessee Public Participation Act. After the plaintiffs voluntarily dismissed the appeal, the only issue that remains is the request of the defendants, now proceeding as appellants, for an award of attorney’s fees, costs, and expenses incurred on appeal. Because an award is mandatory, we grant the request and remand to the trial court to determine the amount.

After pleading guilty to evading arrest and being sentenced to probation, Bobby Ray Ladd,
Jr., Defendant, was the subject of several probation violation warrants. After a hearing, the
trial court determined that Defendant violated probation and ordered the probationary
sentence revoked. Defendant appeals, arguing that the trial court improperly admitted
hearsay evidence at the violation hearing. Because the record is inadequate for our review,
we determine that Defendant has waived the issue. Accordingly, the judgment of the trial
court is affirmed.

This is a breach of trust action by a trust beneficiary, Nancy Hardison (Stokes) Williams (“Plaintiff”), against the co-trustees, Ernest K. Hardison, III, and Cumberland Trust and Investment Company (collectively “Defendants”). The issues raised in this appeal only pertain to Plaintiff’s claims against Cumberland Trust and Investment Company (“Cumberland”). Plaintiff alleged, inter alia, that Cumberland committed a breach of trust by failing to properly manage and invest trust assets resulting in the trust sustaining significant financial losses. In her effort to recover damages against Cumberland, Plaintiff also sought to declare two trust indemnity and investment agreements—which she and all qualified beneficiaries entered into with Cumberland in 2006 and 2009—void ab initio on the basis that they are unenforceable pursuant to Tennessee Code Annotated § 35-15-1008 because they violate a material purpose of the trust. She also contended that the agreements are unenforceable because they constitute “an abuse of a fiduciary or confidential relationship” pursuant to Tennessee Code Annotated § 35-15-1008(b). Upon the motion of Defendants for partial summary judgment, the trial court dismissed all of Plaintiff’s claims arising prior to July 1, 2016, as barred by the one-year statute of limitations set forth in Tennessee Code Annotated § 35-15-1005(a). Additionally, upon the finding that Plaintiff and the qualified beneficiaries had released Cumberland from liability pursuant to the indemnity and investment agreements, the trial court summarily dismissed all remaining claims against Cumberland. The court then awarded Cumberland its attorney’s fees and costs in the amount of $45,594.70 pursuant to Tennessee Code Annotated § 35-15-1004(a). This appeal followed. We affirm the trial court in all respects. We also find that Cumberland is entitled to recover the reasonable and necessary attorney’s fees and expenses it has incurred in this appeal and remand this issue to the trial court to make the appropriate award.

A father appeals the termination of his parental rights to his child. The trial court terminated his parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. It also determined that termination was in the child’s best interest. We affirm.

The defendant, Tara Allen, was found guilty by a Cheatham County jury of vehicular homicide by intoxication and possession of drug paraphernalia. The trial court imposed an effective ten-year sentence. On appeal, the defendant contends the trial court erred in denying her motion to suppress evidence obtained from a warrantless blood draw. The defendant also argues the evidence presented at trial was insufficient to support her conviction of possession of drug paraphernalia. Following our review, the parties’ briefs, and oral arguments, we affirm the defendant’s convictions.

A Carroll County jury convicted the Defendant, David Sylvester Cavette, of evading arrest involving the risk of death or injury. The trial court sentenced the Defendant to three years and placed him on probation after serving 180 days in custody. On appeal, the Defendant asserts that the State failed to prove either that he intentionally fled from police officers or that his flight created a risk of death or injury to others. Upon our review, we respectfully disagree and affirm the judgment of the trial court.

A Sumner County jury convicted the defendant, Corey Denzal Williams, of first-degree murder, reckless endangerment, aggravated assault, and false imprisonment, for which he received an effective sentence of life imprisonment without the possibility of parole plus eight years. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. The defendant also argues the trial court erred in denying his motion for severance and in admitting autopsy photographs of the victim, the testimony of Sergeant Harry Harper, and video testimony of the victim. After reviewing the record and considering the applicable law, we conclude that the trial court erred in failing to sever the offenses and that the error was not harmless as to the defendant’s convictions for aggravated assault and false imprisonment. Accordingly, we reverse the defendant’s convictions for aggravated assault and false imprisonment and remand to the trial court for a new trial. We otherwise affirm the trial court’s judgments.

A Lake County jury convicted the Defendant, James Phillip Rickman, of one count of attempted first degree premeditated murder resulting in serious bodily injury, one count of employing a firearm during the commission of a dangerous felony, and three counts of aggravated assault. The trial court imposed an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions for attempted first degree murder with serious bodily injury and one count of aggravated assault; and (2) the trial court erred when it dismissed his motion to suppress. After review, we affirm the trial court’s judgments.

A Maury County jury convicted the Defendant, Austin Cunningham, of possession of methamphetamine with the intent to sell and possession of a firearm during the commission of or attempt to commit a dangerous felony, among other offenses. The trial court ordered the Defendant to serve an effective twelve-year sentence. On appeal, the Defendant asserts that the evidence is legally insufficient to sustain his convictions and that the trial court erred when it denied alternative sentencing. Upon our review, we hold that the Defendant has waived his issues by failing to properly prepare his brief in accordance with Tennessee Rule of Appellate Procedure 27. Although we remand Count 6 for entry of a modified judgment as to the sentence imposed, we respectfully affirm the trial court’s judgments in all other respects.

Jay James Macken, Defendant, was convicted of aggravated assault, aggravated rape, especially aggravated kidnapping, and interference with emergency communication after a jury trial. The trial court sentenced him to an effective sentence of 20 years. After the denial of a motion for new trial, Defendant sought review of his convictions in this Court. On appeal, Defendant challenges the sufficiency of the evidence to support his convictions for aggravated assault and especially aggravated kidnapping. Because the evidence supported the convictions, we affirm the judgments of the trial court.

Petitioner, Robert Wayne Garner, filed a petition for writ of error coram nobis challenging his 2011 convictions for first degree felony murder, aggravated arson, and theft of property valued at $10,000 or more but less than $60,000. The coram nobis court held an initial hearing to determine whether Petitioner was entitled to a full evidentiary hearing; after the initial hearing, the coram nobis court dismissed the petition. Petitioner appeals, arguing the trial court erred in dismissing the petition without a full evidentiary hearing. After review, we affirm the judgment of the coram nobis court.

A Hardin County jury convicted the Defendant, Jordan Dane Weatherspoon, of one count of the sale of .5 grams or more of cocaine, and he later pleaded guilty to two additional counts of the sale of .5 grams or more of cocaine. The trial court sentenced the Defendant to an effective sentence of ten years of incarceration as a Range I offender. On appeal, the Defendant contends that the trial court erred when it denied his request for an alternative sentence. After review, we affirm the trial court’s judgments.

This is a personal injury case. The trial court granted summary judgment in favor of one of the defendants. The plaintiff appeals. Because the order appealed is not a final judgment, and because the order was improperly certified as final pursuant to Tennessee Rule of Civil Procedure 54.02, we dismiss the appeal for lack of jurisdiction.

Defendant Brandon M. Jones was convicted by a jury of seventeen counts of a twenty-seven-count indictment. The offenses involved the possession of methamphetamine, marijuana, drug paraphernalia, and a firearm. He was sentenced as a Range II offender to a total effective sentence of thirty-five years. On appeal, Defendant contends the trial court erred in allowing the jury to deliberate late into the evening before reaching a verdict in a bifurcated trial in violation of his Sixth Amendment right to a jury trial. Following our review of the entire record, the briefs of the parties, and applicable authority, we affirm the judgments of the trial court.

This is the second appeal involving termination of the mother’s parental rights to her two children. In the first appeal, this Court vacated the trial court’s finding that the mother failed to manifest an ability and willingness to assume custody of the children and that termination was in the children’s best interest. We remanded the case for the trial court to make additional factual findings and conclusions of law. On remand, the trial court entered an amended order with additional findings and conclusions. The mother appeals again. We affirm.

The Defendant, Steven Mitchel Ambrose, appeals his jury convictions for four counts of rape of a child and his resulting effective sentence of sixty years. On appeal, he argues: (1) the trial court erred by denying his motion to suppress his statements made to law enforcement; (2) the State provided an insufficient election of offenses which deprived him of a verdict by a unanimous jury; (3) the evidence is insufficient to support his convictions; (4) his sentence is excessive; and (5) the multiple “procedural errors and constitutional violations” that occurred in the trial court violated his right to due process and entitle him to relief under the cumulative error doctrine. After review, we affirm the judgments of the trial court.

Greywood Crossing Owners Association, Inc. (“Greywood”) commenced this action to enforce the
development’s Declaration of Covenants and Restrictions (“the Declaration”) against one of its homeowners,
Barbara Holleman, who had failed to pay assessments for more than three years.1 Specifically, the complaint
asserted claims against Ms. Holleman on a sworn account to collect unpaid assessments plus attorney’s fees
and costs of collection as well “an Order of Sale of the Property to satisfy [Greywood’s] assessment lien and
judgment.” Ms. Holleman, acting pro se in the trial court, filed an answer in which she denied the debt. Upon
Greywood’s motion for partial summary judgment, the trial court found that Ms. Holleman owed the
assessments, awarded fees and costs to Greywood, and ordered Ms. Holleman to list her property for sale to
satisfy the debt. When Ms. Holleman failed to list her property for sale as ordered by the trial court, Greywood
filed a Rule 70 motion for specific performance, which the court granted, directing the clerk and master to sell
Ms. Holleman’s property. This appeal followed. We affirm the trial court in all respects.