Chad Aaron Reagan v. Rachel Bogart Reagan
E2023-00499-COA-R3-CV
The March 9, 2023 order from which the appellant has appealed was not effectively
Authoring Judge: Per Curiam
Originating Judge:Judge Carter Scott Moore |
Court of Appeals | 08/31/23 | ||
James A. Welch et al. v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis et al.
W2020-00917-SC-R11-CV
Tennessee’s Durable Power of Attorney for Health Care Act, Tennessee Code Annotated sections 34-6-201 to -218, includes a provision for limited statutory immunity from civil liability, under certain conditions, for health care providers who rely in good faith on health care decisions made by an apparent agent on a principal’s behalf. Id. § -208. Tennessee’s Health Care Decisions Act, Tennessee Code Annotated sections 68-11-1801 to -1815, includes a similar provision for limited statutory immunity from civil liability, under certain conditions, for health care providers who comply in good faith with health care decisions made by an apparent agent on a principal’s behalf. Id. § -1810. The health care decision in this case is the execution of an arbitration agreement with admission to a nursing home. The agreement was signed by an agent under a durable power of attorney for health care executed several years earlier. After the resident’s death, his estate filed a wrongful death lawsuit against the nursing home on negligence theories. On appeal from the trial court’s denial of the defendant nursing home’s motion to compel arbitration, we hold that the nursing home does not meet the requirements for limited statutory immunity from civil liability under either the Durable Power of Attorney for Health Care Act or the Health Care Decisions Act. Consequently, the trial court did not err in considering evidence on whether the principal had the requisite mental capacity to execute the durable power of attorney for health care. We overrule the holding on the immunity provision in the Durable Power of Attorney for Health Care Act, Tennessee Code Annotated section 34-6-208, in Owens v. National Health Corporation, 263 S.W.3d 876, 889 n.4 (Tenn. 2007), to the extent it is inconsistent with this opinion. We affirm the trial court, reverse the Court of Appeals, and remand to the Court of Appeals.
Authoring Judge: Justice Holly Kirby
Originating Judge:Judge Jerry Stokes |
Shelby County | Supreme Court | 08/31/23 | |
In Re Defari R.
E2022-00550-COA-R3-PT
A father appeals the termination of his parental rights to his child. The juvenile court
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Timothy E. Irwin |
Court of Appeals | 08/31/23 | ||
In Re James T.
M2022-01666-COA-R3-PT
A foster mother filed a petition to terminate parental rights and adopt a minor child. This appeal concerns the rights of a putative father who signed a Voluntary Acknowledgment of Paternity asserting that he was the biological father of the minor child. We have determined that the foster mother had standing to challenge the VAP, and we affirm the trial court’s decision disestablishing the putative father’s status as legal father.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Robert E. Lee Davies |
Davidson County | Court of Appeals | 08/31/23 | |
Susan M. Austin v. Tommy Joe Richmond
W2022-00559-COA-R3-JV
Mother appeals the trial court’s order dismissing her petition for civil contempt and
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge James P. Gallagher |
Fayette County | Court of Appeals | 08/31/23 | |
State of Tennessee v. Jessie Lee Short
W2022-01608-CCA-R3-CD
The Defendant, Jessie Lee Short, was convicted by a Hardin County Circuit Court jury of
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge J. Brent Bradberry |
Hardin County | Court of Criminal Appeals | 08/31/23 | |
Jon Beck v. Dyer County Board of Education, et al.
W2021-01136-COA-R3-CV
A tenured teacher appealed his dismissal for insubordination, neglect of duty, and
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge R. Lee Moore, Jr. |
Dyer County | Court of Appeals | 08/30/23 | |
State of Tennessee v. Sarah N. Eakes
M2022-01275-CCA-R3-CD
The Defendant, Sarah N. Eakes, pleaded guilty to one count of child neglect, and the trial court sentenced her to serve eighteen months in confinement and denied her request for both an alternative sentence and judicial diversion. On appeal, the Defendant contends that the trial court erred when it denied her requests for an alternative sentence and judicial diversion, and she asks this court to enter an order granting both. The State concedes that the trial court failed to consider or weigh the relevant factors in its denial, but it asks this court to remand the case for a new sentencing hearing. After review, we reverse the trial court’s judgment and grant judicial diversion. The matter is remanded to the trial court for the imposition of the conditions, and term of judicial diversion, with the term not to exceed eighteen months.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Retired Judge Monte D. Watkins |
Davidson County | Court of Criminal Appeals | 08/30/23 | |
Mark Anthony Clemmons v. State of Tennessee
M2022-00560-CCA-R3-PC
Petitioner, Mark Anthony Clemmons, appeals as of right from the Wilson County Criminal
Authoring Judge: Judge Robert L. Holloway, Jr
Originating Judge:Judge Brody N. Kane |
Wilson County | Court of Criminal Appeals | 08/30/23 | |
Larry Hasty v. Greyhawk Development Corporation
M2021-01217-COA-R3-CV
A plaintiff obtained a default judgment against a corporation. Ten months later, the plaintiff moved to pierce the corporate veil and enforce the judgment against an alleged alter ego of the corporation. The trial court denied the motion. Because the judgment was final and the alleged alter ego was never made a party to the action, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Deanna B. Johnson |
Williamson County | Court of Appeals | 08/30/23 | |
Waste Management, Inc. of Tennessee v. Metropolitan Government of Nashville and Davidson County By and Through Davidson County Solid Waste Region Board
M2022-00531-COA-R3-CV
This appeal involves judicial review of the denial of approval to expand a private
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Anne C. Martin |
Court of Appeals | 08/30/23 | ||
State of Tennessee v. Pervis Tyrone Payne
W2022-00210-CCA-R3-CD
In this case of first impression, the State appeals the trial court’s sentencing hearing order
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Paula L. Skahan |
Shelby County | Court of Criminal Appeals | 08/30/23 | |
Bradley Sanders, Individually and as Surviving Spouse of Decedent, Kelly Duggan v. Noah Higgins et al.
M2022-00892-COA-R3-CV
This appeal involves the disbursement of settlement proceeds proffered by an insurance company in resolution of a claim against it. The plaintiff is the surviving spouse of the decedent, who was killed when she was struck by a vehicle while riding her bicycle. The plaintiff filed a wrongful death action against the vehicle’s driver and the driver’s parents, all of whom were subsequently dismissed from the lawsuit following a settlement unrelated to this appeal. Within the same action, the plaintiff asserted a claim against his and the decedent’s insurer for negligent misrepresentation and negligent failure to procure insurance. The insurer had previously paid a pre-suit settlement to the plaintiff related to uninsured/underinsured motorist coverage. In the complaint, the plaintiff alleged that the insurer had misrepresented additional coverage under an “umbrella policy,” leading the plaintiff and decedent to believe they were covered while failing to actually reinstate the umbrella policy when it had been temporarily cancelled months before the decedent’s death. The plaintiff and the insurer eventually reached a confidential settlement. To facilitate the release of claims by both the plaintiff and the decedent’s estate and upon the estate’s motion, the trial court entered an agreed order allowing the estate to intervene. The plaintiff then filed a motion to disburse the settlement proceeds to him, and the estate filed an intervening complaint and opposition to the plaintiff’s motion, asserting that the estate was entitled to one hundred percent of the settlement proceeds related to the umbrella policy claim. Following a hearing, the trial court entered an order granting the plaintiff’s motion to disburse the settlement proceeds to him upon finding that the cause of action against the insurer had not vested in the decedent prior to her death. The court subsequently denied the estate’s motion to alter or amend the judgment. The estate has appealed. Determining that the cause of action against the insurer was based in tort, rather than wrongful death, and accrued to the decedent at the time of her fatal injuries, we conclude that the right to the resulting settlement proceeds belongs to the decedent’s estate. We therefore reverse the trial court’s judgment and remand for entry of an order granting disbursal of the settlement funds to the estate.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Appeals | 08/29/23 | |
State of Tennessee v. Delinquent Taxpayers 2009 (Anthony Decarlo Hayes)
W2021-01276-COA-R3-CV
The notice of appeal in this case was not timely filed. Therefore, this Court lacks
Authoring Judge: Per Curiam
Originating Judge:Chancellor JoeDae L. Jenkins |
Shelby County | Court of Appeals | 08/29/23 | |
State of Tennessee v. Demarcus Taiwan Russell, Jr.
E2022-01428-CCA-R3-CD
The Defendant, Demarcus Taiwan Russell, Jr., was convicted by a Greene County Criminal
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Alex E. Pearson |
Greene County | Court of Criminal Appeals | 08/29/23 | |
State of Tennessee v. Mark David Bond
M2022-00469-CCA-R3-CD
The State appeals the trial court’s order granting the motion of the defendant, Mark David Bond, to suppress evidence seized during the search of his vehicle after a drug detection canine indicated the presence of narcotics during a sweep around the perimeter of the vehicle. The State challenges the trial court’s conclusion that the canine’s reaction was unreliable due to the canine’s inability to distinguish between the odor of illegal marijuana and the odor of legal hemp. After review, we reverse the trial court’s order granting the defendant’s motion to suppress, reinstate the indictment against the defendant, and remand to the trial court for further proceedings.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge William R. Goodman, III |
Montgomery County | Court of Criminal Appeals | 08/29/23 | |
State of Tennessee v. Demarcus Taiwan Russell, Jr.
E2022-01428-CCA-R3-CD
I have the privilege to join the majority’s well-reasoned opinion in significant part.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Alex E. Pearson |
Greene County | Court of Criminal Appeals | 08/29/23 | |
JCR, LLC Et Al. v. Vicki Hance Et Al. - Dissent
E2022-00765-COA-R3-CV
Because “[t]here is absolutely no doubt that wrongful foreclosure can be raised as
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge William T. Ailor |
Court of Appeals | 08/28/23 | ||
Clarence Mitchell, et al. v. Rushmore Loan Management Services, et al.
W2022-00621-COA-R3-CV
Plaintiffs brought suit alleging breach of contract and the covenant of good faith and fair
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Gadson W. Perry |
Shelby County | Court of Appeals | 08/28/23 | |
Albert Fuqua v. The Robertson County Election Commission et al.
M2022-01126-COA-R3-CV
Appellant filed this action against his local election commission seeking to prevent a candidate from being placed on the ballot of the August 4, 2022 Robertson County election for circuit court clerk. We dismiss this appeal as moot.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Louis W. Oliver |
Robertson County | Court of Appeals | 08/28/23 | |
Sarrah Willhite v. Jeremy Willhite
E2023-01058-COA-R3-CV
This is an appeal from a final order entered on November 23, 2022. The Notice of Appeal
Authoring Judge: Per Curiam
Originating Judge:Judge James L. Gass |
Court of Appeals | 08/28/23 | ||
Stuart Richard James, III v. Stephanie Lynne James
W2022-00739-COA-R3-CV
This is a post-divorce dispute. Two primary issues are presented, whether the trial court
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Gadson W. Perry |
Shelby County | Court of Appeals | 08/28/23 | |
Benjamin McCurry v. Agness McCurry
E2022-01037-COA-R3-CV
This is an appeal from the trial court’s denial of a petition for emergency custody and its
Authoring Judge: Judge John W. McClarty
Originating Judge:Senior Judge Thomas J. Wright |
Court of Appeals | 08/28/23 | ||
State of Tennessee v. Deshaun Ward
M2022-01264-CCA-R3-CD
The Defendant, Deshaun Ward, appeals from the Rutherford County Circuit Court’s revocation of the probation that he had received for his negotiated plea to reckless vehicular homicide and two counts of vehicular assault. On appeal the Defendant contends that he did not receive the effective assistance of counsel at his probation revocation hearing. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge James A. Turner |
Rutherford County | Court of Criminal Appeals | 08/28/23 | |
William Burkett Et Al. v. Julia Cris Stevens
E2022-01186-COA-R3-CV
This appeal concerns the enforcement of a restrictive covenant. A number of property owners (“Plaintiffs”) in the German Creek Cabin Site Subdivision sued fellow property owner Julia Cris Stevens (“Defendant”) in the Circuit Court for Grainger County (“the Trial Court”) seeking declaratory and injunctive relief. Plaintiffs sought to prevent Defendant from completing a 400 square foot structure on her lot as it would constitute a second dwelling on the original lot in contravention of a restrictive covenant. The Trial Court ruled in Plaintiffs’ favor, ordering Defendant to remove the structure and granting permanent injunctive relief. Defendant appeals. She argues, among other things that it is inequitable to require her to remove the structure. She also contends that it is not a dwelling. Discerning no reversible error, we affirm the judgment of the Trial Court.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Carter Scott Moore |
Court of Appeals | 08/28/23 |