CIC Services, LLC v. Suresh Prabhu, et al.
W2022-01431-COA-R3-CV
This case involves a dispute arising from services provided by the appellee, CIC Services, LLC (“CIC”), a creator and manager of “captive” insurance companies, to the appellant corporation, SRM Group, Inc. (“SRM”). SRM hired CIC to form and manage two captive insurance companies to serve SRM in risk management, and the parties memorialized their relationship in two management agreements, one for each of the newly formed captive insurance companies. When CIC subsequently ended its contractual relationship with SRM for cause, SRM demanded arbitration pursuant to the arbitration clauses contained in the agreements. The arbitrator dismissed all of SRM’s claims. CIC then demanded a second arbitration, seeking attorney’s fees, expenses, and costs incurred during the first arbitration and stating claims for breach of contract and fraudulent inducement against SRM. The second arbitrator ultimately awarded to CIC $261,487.04 in attorney’s fees, expenses, and costs incurred during the first arbitration proceeding, pursuant to the indemnity clauses in the parties’ management agreements, and $137,337.50 in attorney’s fees, expenses, and costs because CIC was the substantially prevailing party in the second arbitration. When SRM did not respond to CIC’s demand for payment of this award, CIC moved for confirmation of the award in the Shelby County Circuit Court (“trial court”). SRM responded by filing a motion with the trial court to modify or vacate the award. After the parties fully briefed the issues, the trial court confirmed the award in full and concomitantly denied SRM’s motion to modify or vacate. SRM timely appealed. Upon review, we affirm the trial court’s confirmation of the arbitration award, determining that because appellant Suresh Prabhu voluntarily participated in both arbitrations without raising objection to the potential attachment of liability against him as an individual, Mr. Prabhu and SRM have waived objection to the attachment of individual liability to Mr. Prabhu. We further determine that the trial court properly denied SRM’s motion to vacate the award because the second arbitrator acted within her discretion to direct the arbitration procedure and SRM has failed to show any of the criteria necessary to meet the high standard for vacatur pursuant to the Federal Arbitration Act or the Commercial Rules of the American Arbitration Association.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Gina C. Higgins |
Shelby County | Court of Appeals | 09/18/23 | |
State of Tennessee v. Raymond D. Arwood
E2022-01292-CCA-R3-CD
A Hamblen County jury convicted Defendant, Raymond D. Arwood, of one count of sexual
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Alex E. Pearson |
Hamblen County | Court of Criminal Appeals | 09/18/23 | |
State of Tennessee v. Dan E. Durell
E2022-01800-CCA-R3-CD
The pro se petitioner, Dan E. Durrell, appeals the Knox County Criminal Court’s summary
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 09/18/23 | |
In Re Tinsley L.
E2022-00965-COA-R3-PT
In this appeal from the termination of parental rights, the mother does not challenge the
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge J. Michael Sharp |
Court of Appeals | 09/18/23 | ||
In Re Conservatorship of Gregory Blake Arvin
M2022-01808-COA-R3-CV
This appeal arises from a conservatorship proceeding. The issues on appeal concern the assessment of the fees of the attorney ad litem in the amount of $1,060. The trial court assessed the fees against the petitioners and the respondent, jointly and severally. The petitioners appeal, contending that, pursuant to Tennessee Code Annotated § 34-1-125, the court had no discretion but to assess the fees of the attorney ad litem against the respondent. The petitioners and the estate of the respondent also challenge the assessment of the fees against the respondent on other grounds. We have determined that the trial court was statutorily required to assess the fees of the attorney ad litem against the respondent and that it lacked the discretion to assess the fees against the petitioners. We have also determined that the petitioners have no standing to challenge the assessment of the fees against the respondent and that the issues raised by the estate of the respondent lack merit. Thus, we reverse the assessment of the fees of the attorney ad litem against the petitioners but affirm the assessment of the fees against the respondent.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor J. B. Cox |
Bedford County | Court of Appeals | 09/18/23 | |
State of Tennessee v. Archie Meeks
W2022-01327-CCA-R3-CD
A Fayette County jury convicted the Defendant, Archie Lee Meeks, of aggravated assault
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge J. Weber McCraw |
Fayette County | Court of Criminal Appeals | 09/15/23 | |
State of Tennessee v. Jeffrey Wayne Seidel
M2022-01169-CCA-R3-CD
Defendant, Jeffrey Wayne Seidel, challenges the denial of his pre-sentencing motion to
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Amanda Jane McClendon |
Davidson County | Court of Criminal Appeals | 09/15/23 | |
State of Tennessee v. Douglas R. Roach
M2022-00871-CCA-R3-CD
The Defendant, Douglas R. Roach, was convicted of ten counts of especially aggravated
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 09/15/23 | |
State of Tennessee v. Charles Jonathan Murphy
W2022-01682-CCA-R3-CD
The Defendant, Charles Jonathan Murphy, was convicted by a Henderson County Circuit Court jury of two counts of rape, a Class B felony, and was sentenced by the trial court as a Range I, standard offender to ten years for each conviction, with the sentences to be served consecutively, for a total effective sentence of twenty years at 100 % in the Department of Correction. On appeal, the Defendant argues that the evidence is insufficient to sustain the convictions and that the trial court erred in sentencing him by misapplying an enhancement factor and ordering consecutive sentences. Based on our review, we affirm the judgments of the trial court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Kyle C. Atkins |
Henderson County | Court of Criminal Appeals | 09/14/23 | |
Loretta Hartman v. Tina Massengill
E2022-01769-COA_R3-CV
This appeal concerns the ownership of property used by the defendant but owned by her
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge James E. Lauderback |
Court of Appeals | 09/14/23 | ||
State of Tennessee v. Geoffrey Ian Paschel
E2022-00900-CCA-R3-CD
A Knox County jury found the Defendant, Geoffrey Ian Paschel, guilty of aggravated
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 09/14/23 | |
In Re Estate of Mary Hutcheson Moon Ballard
E2022-01147-COA-R3-CV
In this matter concerning the interpretation of a will, John Moon and Shannon Moon (“John” and “Shannon”) (“Claimants,” collectively) filed a claim in the Chancery Court for Hamilton County (“the Trial Court”) against the estate of their late sister, Mary Hutcheson Moon Ballard(“Mary”).1 Arthur Ballard (“Arthur”), Mary’s husband, filed an exception to the claim. Mary’s grandmother, Elise Chapin Moon (“Elise”), had established a trust for her grandchildren, including Mary. It is Claimants’ position that a bloodline provision in Elise’s will (“the Moon Will”) excludes spouses of grandchildren from receiving trust proceeds. The Trial Court, having put certain questions to a jury, ruled in favor of Arthur. Claimants appeal. We hold that once Mary received the funds from the trust, which dissolved in 2016, the funds were hers outright and no longer subject to the will’s “bloodline” restriction. We hold further that the Trial Court erred by putting questions to a jury when the case was resolvable as a matter of law. However, the error was harmless. We affirm the judgment of the Trial Court.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Jeffrey M. Atherton |
Court of Appeals | 09/14/23 | ||
Stephen Rushing v. Dawn Rushing (Strickland)
E2022-01229-COA-R3-CV
This is an appeal of a modification to a permanent parenting plan. Dawn Rushing
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Douglas T. Jenkins |
Court of Appeals | 09/14/23 | ||
Rex Sullivan Ex Rel. Rose Sullivan v. James Carden Et Al.
E2022-01234-COA-R3-CV
This appeal concerns a claim of negligence. Rex Sullivan, individually and in his capacity as the Administrator Ad Litem for his deceased wife (“Plaintiff”),1filed a complaint in the Rhea County Circuit Court (“the Trial Court”), seeking damages from James Carden and Carden Trucking Company (“Defendants”)for injuries Plaintiff suffered in a November 2018 car accident. Plaintiff alleged that his accident was caused by Defendants’ failure to remove excessive mud they had deposited onto the rural road he drove on. The Trial Court granted summary judgment in favor of Defendants. Plaintiff appeals. We affirm the Trial Court’s grant of summary judgment with respect to Plaintiff’s claim for punitive damages, which Plaintiff has not appealed. Otherwise, given the existence of genuine issues of material fact such as how much mud was deposited on to the road and the foreseeability of the risk of injury, we reverse the judgment of the Trial Court and remand for further proceedings consistent with this Opinion.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Justin C. Angel |
Court of Appeals | 09/14/23 | ||
Bruce Parks, Jr., v. State of Tennessee
E2022-01592-CCA-R3-CD
Pro se Petitioner, Bruce Parks, Jr., appeals the Bradley County Criminal Court’s summary
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Sandra Donaghy |
Bradley County | Court of Criminal Appeals | 09/14/23 | |
Timothy Hopson v. Smith Wholesale, LLC
E2023-01153-COA-R3-CV
This is an appeal from a final order entered on July 6, 2023. The Notice of Appeal was not
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Suzanne S. Cook |
Court of Appeals | 09/14/23 | ||
In Re Austin S. Et Al.
E2022-01277-COA-R3-PT
Mother appeals the termination of her parental rights to her children. Upon our review, we
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Jeffrey D. Rader |
Court of Appeals | 09/14/23 | ||
Mario Donte Keene v. State of Tennessee
E2022-01410-CCA-R3-PC
Following his convictions for felony murder, especially aggravated robbery, and especially
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Alex E. Pearson |
Greene County | Court of Criminal Appeals | 09/14/23 | |
State of Tennessee v. Robert Lee Adams, Jr.
W2022-01338-CCA-R3-CD
The Defendant, Robert Lee Adams, Jr., was convicted in the Tipton County Circuit Court
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Criminal Appeals | 09/14/23 | |
State of Tennessee v. Tyler Hemmingway
W2022-01248-CCA-R3-CD
The Defendant, Tyler Hemmingway, was convicted by a Shelby County Criminal Court
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Jennifer Johnson Mitchell |
Shelby County | Court of Criminal Appeals | 09/14/23 | |
Darius Patterson v. State of Tennessee
E2022-01401-CCA-R3-PC
Petitioner, Darius Patterson, appeals the denial of his post-conviction petition, arguing that
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 09/14/23 | |
State of Tennessee v. David Eugene Dunlap
E2022-00593-CCA-R3-CD
The defendant, David Eugene Dunlap, Alias, appeals his Knox County Criminal Court jury
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 09/14/23 | |
State of Tennessee v. Desmond Anderson
W2022-01758-CCA-R3-CD
The Defendant, Desmond Anderson, was convicted of three offenses in 2013, and the trial
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 09/13/23 | |
State of Tennessee v. Raffell M. Griffin, Jr.
E2022-00659-CCA-R3-CD
The Defendant, Raffell M. Griffin, Jr., was convicted by a jury of conspiracy to possess
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 09/12/23 | |
Mechelle Hollis Ex Rel. Nicole N. Et Al v. Manuel M. Sanchez
M2022-01190-COA-R3-CV
After a car accident, a plaintiff sued a defendant, but never served him with process. Almost two years later, the defendant moved to dismiss the case as time-barred. The plaintiff opposed the dismissal and moved for an enlargement of time to serve the defendant. The court denied the requested enlargement and dismissed the case. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 09/12/23 |