Rachel Karrie Bryant Ramsey v. Nathan Lynn Bryant Et Al.
E2022-01503-COA-R3-CV
The notice of appeal filed by the appellants, Nathan Lynn Bryant and Melissa Bryant, stated that appellants were appealing the judgment entered on September 27, 2022. Inasmuch as the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.
Authoring Judge: Judge Thomas R. Frierson
Originating Judge:Chancellor Douglas T. Jenkins |
Court of Appeals | 07/27/23 | ||
Kim Renae Nelson v. Loring E. Justice
E2021-01398-COA-R3-JV
The trial court found Appellant/Father in civil contempt for alleged failure to comply with discovery propounded by Appellee/Mother. The trial court also dismissed Father’s petition to modify visitation and child support on the ground that Father’s petition constituted an abusive civil lawsuit. We reverse the trial court’s findings of civil contempt and abusive civil lawsuit. However, because the parties’ child has reached majority, we conclude that Father’s petition to modify is moot. Therefore, we affirm the trial court’s dismissal of Father’s petition on the ground of mootness.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Senior Judge William B. Acree |
Court of Appeals | 07/27/23 | ||
State of Tennessee v. Iesha Jones
E2022-01287-CCA-R3-CD
The Defendant, Iesha Jones, was convicted by a Hamilton County Criminal Court jury of
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 07/27/23 | |
Yakima Marks Green v. Derrick Lamar Green
M2021-00955-COA-R3-CV
A father petitioned to change the primary residential parent and for immediate physical custody of his child based on the mother’s allegedly inappropriate behavior. The court granted Father an ex parte order of immediate physical custody. At the show cause hearing, the court determined that the mother had engaged in a pattern of emotional abuse of the father and the child such that her parenting time should be limited. After a final hearing on the father’s petition, the court found a material change of circumstances had occurred and that it was in the child’s best interest to modify the permanent parenting plan. The court then adopted a modified parenting plan that named the father the primary residential parent and limited the mother’s parenting time. Discerning no abuse of discretion, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Phillip R. Robinson |
Davidson County | Court of Appeals | 07/27/23 | |
State of Tennessee v. Michael L. Bailey
M2022-01386-COA-R3-CV
The State of Tennessee sought the enforcement of a prior administrative order against the Appellant related to the Appellant’s violations of the Tennessee Water Quality Control Act of 1977, requesting civil penalties, damages, and injunctive relief. The State filed a motion for summary judgment, and the Appellant sought a continuance based on parallel criminal proceedings. The trial court denied the motion for a continuance and granted summary judgment to the State. On appeal, the Appellant asserts that the chancery court and administrative tribunal lacked personal jurisdiction and that the chancery court erred in denying his motion for a continuance. We conclude that any challenge to personal jurisdiction has been waived and that the chancery court did not abuse its discretion in denying the motion for a continuance. Accordingly, we affirm the judgment.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/27/23 | |
Felicia Willett, et al. v. Olymbec USA, LLC
W2022-00028-COA-R3-CV
Tenant appeals the trial court’s decision to grant landlord a judgment under a holdover
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor JoeDae L. Jenkins |
Shelby County | Court of Appeals | 07/27/23 | |
Heather R. Wilder v. Joseph C. Wilder
E2022-00990-COA-R3-CV
This appeal concerns a long-running domestic matter. Heather R. Wilder (“Mother”) and
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Gregory S. McMillan |
Court of Appeals | 07/27/23 | ||
Benjamin McCurry v. Agness McCurry
E2023-00827-COA-R3-CV
Because the order appealed from does not constitute a final appealable judgment, this Court
Authoring Judge: Per Curiam
Originating Judge:Judge Thomas J. Wright |
Washington County | Court of Appeals | 07/26/23 | |
In Re Skylar M.
E2023-00875-COA-R3-PT
The appellant filed a notice of appeal more than thirty days from the date of entry of the
Authoring Judge: Per Curiam
Originating Judge:Chancellor Ronald Thurman |
Court of Appeals | 07/26/23 | ||
In Re Kathy Delores Horton (Prospectively d/b/a A-Team Bail Bond Company, LLC)
W2022-01355-CCA-R3-CD
The appellant, Kathy Delores Horton (prospectively D/B/A A-Team Bail Bond Company, LLC), appeals the Shelby County Criminal Court’s denial of her petition to operate a new bail bond company. The appellant asserts that the trial court erred in denying her petition because she had the requisite two years of experience working as a qualified agent. The appellant also raises a challenge regarding the en banc panel, the denial of a claim concerning ex parte communications, and an equal protection claim. Following our review, we affirm the trial court’s denial of the appellant’s petition, as well as her other claims.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 07/25/23 | |
State of Tennessee, ex re., Commissioner of the Department of Transportation v. Pagidipati Family General Partnership, et al.
W2022-00078-COA-R3-CV
This is an eminent domain case in which the Commissioner of the Tennessee Department
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Jerry Stokes |
Shelby County | Court of Appeals | 07/25/23 | |
Linda C. Black as next of kin of Robert Junious Black v. State of Tennessee
M2022-00399-COA-R3-CV
This is a wrongful-death health care liability action against a skilled nursing facility, the Tennessee State Veterans’ Home in Clarksville (“TSVH-Clarksville”), which is owned and operated by the State of Tennessee. The claimant, Linda Black (“Claimant”), is the surviving spouse of Robert Junious Black, deceased, who was a resident of TSVHClarksville from December 16, 2016, through January 9, 2017. Claimant asserted that TSVH-Clarksville proximately caused Mr. Black’s death by failing to monitor and report his symptoms under the applicable standard of care. In particular, Claimant alleged that the staff at TSVH-Clarksville (1) failed to follow Mr. Black’s care plan for risk of dehydration; (2) failed to prevent Mr. Black from developing a urinary tract infection; (3) failed to notify Mr. Black’s physician of a significant changes in his clinical status; and (4) failed to properly assess Mr. Black. Following a two-day bench trial, the Claims Commissioner found that Claimant failed to establish a health care liability claim because, inter alia, the State complied with the applicable standards of care and Claimant failed to establish causation. This appeal followed. We affirm.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Commissioner James A. Haltom |
Court of Appeals | 07/25/23 | ||
Robert Wayne Garner v. Grady Perry, Warden
M2022-01733-CCA-R3-HC
Petitioner, Robert Wayne Garner, appeals from the Wayne County Circuit Court’s summary denial of his second petition for habeas corpus relief, in which he challenged the sufficiency of the felony murder indictment under which he was convicted. Petitioner argues on appeal that the habeas corpus court erred in failing to make findings of fact and conclusions of law in denying relief. After review, we affirm the judgment of the habeas corpus court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Chancellor Christopher V. Sockwell |
Wayne County | Court of Criminal Appeals | 07/24/23 | |
Ben C. Adams v. Buchanan D. Dunavant et al v. Watson Burns PLLC et al.
W2023-00304-SC-T10B-CV
Before his election to the bench, the probate judge in this interpleader action served as an
Authoring Judge: Per Curiam
Originating Judge:Judge Joe Townsend |
Shelby County | Supreme Court | 07/21/23 | |
Ben C. Adams v. Buchanan D. Dunavant et al v. Watson Burns PLLC et al
W2023-00304-SC-T10B-CV
Before his election to the bench, the probate judge in this interpleader action served as an
Authoring Judge: Per Curiam
Originating Judge:Judge Joe Townsend |
Shelby County | Supreme Court | 07/21/23 | |
Tricon Construction, Inc D/B/A Tricon 3 Construction, Inc. v. Michelle Perry Et Al.
M2022-00664-COA-R3-CV
Husband and wife appellants, acting pro se, appeal the trial court’s decision to pierce the corporate veil of husband’s construction company to hold husband individually responsible for the corporation’s breach of contract, as well as the judgment against both husband and wife for contemptuous conduct. We do not reach the merits of the case due to the appellants’ failure to comply with the briefing requirements set out in Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee and dismiss the appeal.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/21/23 | |
State of Tennessee v. Randall A. Murphy
M2022-00396-CCA-R3-CD
The Defendant, Randall Murphy, appeals his convictions by a Williamson County Circuit Court jury of aggravated kidnapping, reckless aggravated assault, aggravated assault, criminal impersonation of law enforcement, and domestic assault. The Defendant argues: (1) the trial court committed reversible error when it misstated the law and provided its personal opinion on the determinate element of the kidnapping offense; (2) the trial court expressed its personal opinion regarding the testimony of one of the State’s key eyewitnesses; (3) the trial court improperly excluded evidence that the victim had consumed alcohol with her prescription medications at the time of the alleged offenses; (4) the trial court failed to give any weight to the applicable mitigating factors before imposing the maximum sentence for the aggravated kidnapping conviction; and (5) the cumulative effect of the trial court’s errors entitles him to a new trial on all counts. 1 After review, we reverse and remand this case for a new trial on the aggravated kidnapping charge in Count 1 and affirm the remaining counts.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Michael W. Binkley |
Williamson County | Court of Criminal Appeals | 07/21/23 | |
In Re Anthony N.
M2022-01360-COA-R3-JV
A juvenile appeals the decision to re-commit him to DCS custody for treatment and
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge M. Wyatt Burk |
Bedford County | Court of Appeals | 07/21/23 | |
Beverly Gardner v. Saint Thomas Midtown Hospital
M2019-02237-SC-R11-CV
“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved for summary judgment under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.
Authoring Judge: Justice Sarah K. Campbell
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Beverly Gardner v. Saint Thomas Midtown Hospital (Concur)
M2019-02237-SC-R11-CV
This case presents a simple issue: Whether the Tennessee Health Care Liability
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Beverly Gardner v. Saint Thomas Midtown Hospital (Dissent)
M2019-02237-SC-R11-CV
This appeal presents issues similar to those in Ultsch v. HTI Memorial Hospital
Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation
M2020-00341-SC-R11-CV
“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved to dismiss the plaintiff’s claims under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.
Authoring Judge: Justice Sarah K. Campbell
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation (Concur)
M2020-00341-SC-R11-CV
This case presents a simple issue: Whether the Tennessee Health Care Liability
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation (Dissent)
M2020-00341-SC-R11-CV
This appeal presents issues similar to those in Ultsch v. HTI Memorial Hospital
Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Judge Joseph P. Binkley, Jr. |
Davidson County | Supreme Court | 07/20/23 | |
Milburn L. Edwards v. State of Tennessee
M2022-01416-CCA-R3-HC
Petitioner, Milburn L. Edwards, appeals from the Wayne County Circuit Court’s order summarily dismissing his ninth petition for writ of habeas corpus. On appeal, Petitioner argues the habeas corpus court’s order failed to include adequate findings of fact and conclusions of law, the State’s answer to the habeas corpus petition was insufficient, and the Warden of Petitioner’s penitentiary was not served with process. After review, we affirm the judgment of the habeas corpus court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Christopher V. Sockwell |
Wayne County | Court of Criminal Appeals | 07/20/23 |