81 results for 'court:"Tennessee Court of Appeals"'.
J. Swiney finds the lower court properly ordered timely payment of alimony to a husband, but improperly found a wife in contempt. Because the wife failed to make timely alimony payments to the husband, the lower court ordered the bi-weekly payments must be made by 4:45 p.m.; the instant court finds the order to be within the boundaries of the parties Marital Dissolution Agreement (MDA). The husband also alleges that the wife made multiple violations of the MDA and should be held in contempt, and the lower court agreed. But the instant court finds the husband was, or should have been aware of the alleged violations, as they occurred prior to the parties voluntarily entering into the MDA. Because the MDA effectively resolved the issues, the wife is not in contempt. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: August 18, 2023, Case #: E2022-00981-COA-R3-CV, Categories: Contempt, Family Law
J. McClarty finds the lower court properly found a wife guilty of indirect criminal contempt for violating a trial court’s restraining order prohibiting her from making allegations against the husband using any public platform. Despite the injunction, she participated in an interview with a local newspaper that published an article about the divorce and her allegations of domestic assault against the husband. But the lower court improperly found her guilty of indirect criminal contempt for a Facebook post she was ordered to take down then modified and reposted, because the husband’s petition only referenced the newspaper article. The matter is remanded to the lower court to determine appropriate punishment. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: August 9, 2023, Case #: W2021-01288-COA-R3-CV, Categories: Restraining Order, Contempt
J. Bennett finds the lower court properly granted the state’s motion to dismiss in this personal injury matter. A state employee was involved in a vehicle collision in a state-owned parking lot. The employee filed a complaint with the Claims Commission, but it was after the statute of limitations had expired. The instant court finds that the employee’s claim does not qualify as a complaint, and it was filed after the expiration of the 90-day grace period. Because the complaint was not timely filed, it cannot be considered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: August 9, 2023, Case #: M2022-00696-COA-R3-CV, Categories: Tort, Jurisdiction, Workers' Compensation
J. Usman finds the lower court properly found that a father is willfully underemployed and properly adjusted his monthly child support obligation going forward. The lower court improperly calculated the amount of retroactive child support he owed, because they only assessed it for a period in which he did not pay any child support, rather than including the months that he did pay regularly, but the amount was less than the current rate. The matter is remanded for recalculation of retroactive child support owed. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: July 31, 2023, Case #: M2021-01189-COA-R3-JV, Categories: Family Law
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J. Usman finds the lower court properly determined that a father committed 16 counts of criminal contempt in this matter of divorce, and as such sentenced him to jail and awarded the mother attorney fees. In all, the lower court found the father guilty of 23 counts of contempt, but the instant court found that evidence was insufficient to support five of the counts; four of those counts are reversed and one is vacated, the lower court’s findings are otherwise affirmed. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: July 17, 2023, Case #: W2021-01018-COA-R3-CV, Categories: Contempt, Family Law, Attorney Fees
J. Davis finds the lower court properly determined that a brother, acting as attorney-in-fact, had the authority to create a second trust, and it properly dismissed claims against another brother as he has no role in the management or administration of the trusts. There is a question as to whether the brother breached his fiduciary duties as attorney-in-fact and trustee by providing his brother with lifetime income associated with the decedents’ rental property business as it was not part of the original or amended trust. Because a question of material fact remains, the instant court vacates the lower court's decision granting summary judgment to the brother for appellant’s claims that he failed to provide accounting, enforcement of the no-contest provision of the trust, and attorney fees, and the matter is remanded to the lower court for further proceedings. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: July 14, 2023, Case #: E2022-01034-COA-R3-CV, Categories: Trusts, Fiduciary Duty, Attorney Fees
J. Bennett finds the lower court improperly dismissed a wife's petition in this matter of criminal contempt. When the parties divorced in 2021 they had a Marital Dissolution Agreement (MDA) that was incorporated into the final decree and established the terms of administration and distribution of a 529 account for their minor child’s education. The wife motioned to compel so that funds from the account could be applied to the child’s private school tuition, and petitioned for criminal contempt alleging Husband had failed to provide statements per the MDA, failing to apply funds to the tuition, and violating her decision-making authority on the child’s education. While the lower court dismissed the petition, finding that double jeopardy had attached to the pending charges, the instant court finds it did not as there is no second prosecution at this stage, only a request for continuation of the same proceeding. The matter is remanded for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: July 14, 2023, Case #: M2022-00953-COA-R3-CV, Categories: Contempt, Family Law, Double Jeopardy
J. Clement finds the lower court improperly denied an insurance company’s motion to dismiss. A vehicle hit a commercial building, causing damage. The building owners signed a release when they accepted $25,000 from the driver’s insurance company; they then filed a claim with their insurance company for damages. The insurance company notified them there was no coverage under the policy, as the owners essentially settled when they signed the release. By signing the release, the owners violated the terms of the policy, as it was done without the insurance company’s knowledge, and it terminated its ability to recover costs from the driver via subrogation. The instant court finds the building owners actions materially breached the policy, and the matter is remanded for dismissal of all claims against the insurance company. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: July 5, 2023, Case #: W2022-01209-COA-R9-CV, Categories: Insurance, Property, Contract
J. McClarty finds the lower court improperly awarded summary judgment in this matter of alleged violations of the Tennessee Consumer Protection Act (TCPA) and the Government Imposters and Deceptive Advertising Act (GIA). The state claims the companies send solicitation mailers to Tennessee corporations that consumers believe to be from state government offices, and that they must complete the forms and pay the company in order to be in compliance with state laws. The lower court awarded summary judgment to the companies as it found the materials were not deceptive, but the instant court finds sufficient evidence was presented to find that questions of material fact remain. Vacated.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: July 5, 2023, Case #: M2022-00214-COA-R3-CV, Categories: Consumer Law, False Advertising
J. McGee finds the lower court properly affirmed the decision of the Metropolitan Historic Zoning Commission (MHZC) to disapprove a homeowner’s application for demolition of the historic home he owned. Though the owner had plans for creating additional living space in the home, the contractor he hired jeopardized the home’s structural integrity. The MHZC then voted to require reconstruction of the home using specific criteria. The owner then conveyed the property to his son who then submitted his own application for demolition of the property. The MHZC considered the application a request for rehearing and denied it. The lower court supported the decision, as does the instant court. Affirmed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: July 3, 2023, Case #: M2022-00850-COA-R3-CV, Categories: Real Estate, Zoning
J. Bennett finds the lower court properly determined that there was not clear and convincing evidence in this matter of alleged child abuse by a father. The Tennessee Department of Children’s Services received a referral that one of the minor children had experienced at least two incidents of sexual abuse by the father during visitation, and the juvenile court found the child the victim of severe child abuse by the father. But the lower court found there to be a lack of clear and convincing evidence to support the juvenile court’s findings, and did not find the child to be credible. The instant court agrees with the lower court’s findings and does not find that the children are dependent and neglected. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: June 30, 2023, Case #: M2022-01066-COA-R3-JV, Categories: Family Law
J. Frierson finds the lower court properly modified a parenting schedule. The parents chose to deviate from the permanent parenting plan (PPP), opting for a plan mimicking that of the summer vacation schedule outlined in the existing PPP, which appeared to work for the parents and the child. Because the father proved a material change in circumstance and the lower court found the plan to be in the child’s best interest, it modified the PPP, essentially formalizing the plan the parents were already exercising. Affirmed.
Court: Tennessee Court of Appeals, Judge: Freirson, Filed On: June 30, 2023, Case #: M2022-00614-COA-R3-CV, Categories: Family Law
J. Frierson finds the lower court properly terminated a father's parental rights on grounds of abandonment by failure to visit, persistence of conditions, severe child abuse, mental incompetency and inability to care for the child, failure to manifest and ability and willingness to assume custody and financial responsibility of the child, and that it is in the child's best interests. The father had visitation with his son after he and the mother separated, but visitation was terminated after the child was found dependent and neglected while in the father’s care and was the subject of severe abuse. Despite the father making positive changes in his lifestyle, grounds for termination were proven by clear and convincing evidence. Affirmed.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: June 29, 2023, Case #: M2022-01466-COA-R3-PT, Categories: Family Law
J. Frierson finds the lower court properly terminated the parental rights of a mother to her child on grounds of abandonment through failure to support, abandonment through failure to visit, and severe abuse of the child’s sibling, but improperly terminated on grounds that it is in the child’s best interest because the lower court did not apply amended best interest factors. The matter is remanded for further action. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: June 22, 2023, Case #: M2022-00839-COA-R3-PT, Categories: Family Law
J. Armstrong finds the lower court properly vacated a decision by the Metropolitan Nashville Board of Education (Board) terminating a tenured teacher’s employment. The lower court reversed the decision of the Board on grounds that it had violated the Open Meetings Act by failing to provide adequate public notice of the special meeting it held where the motion to dismiss and terminate the teacher’s employment passed, but the instant court finds the Board committed clear error when it conducted a third hearing on the termination, violating the Tenure Act. The teacher’s termination is vacated, and he is reinstated to his previous position with back pay. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 22, 2023, Case #: M2022-01079-COA-R3-CV, Categories: Employment, Due Process
J. Armstrong finds the lower court properly dismissed a petition for adoption. A woman adopted her grandson. The woman split with her live-in boyfriend, and a year-and-a-half later he filed to adopt the grandson. The boyfriend never had legal or physical custody of the child, and did not have the right to receive custody of the child. The instant court grants the woman’s motion to declare this appeal frivolous. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 12, 2023, Case #: W2021-00907-COA-R3-CV, Categories: Family Law
J. Armstrong finds the lower court properly ordered the distribution of funds from an estate. Prior to his death, the decedent married a man in Canada, but the marriage was not disclosed to the decedent’s children, who were his sole beneficiaries. After much litigation, a settlement agreement was reached, with the husband receiving a $1.8 million check drawn from a joint brokerage account and $300,000 from a Roth IRA account that would roll into the an individual IRA account. The husband was not satisfied with the proposed manner of distribution, as he would be held liable for capital gains taxes associated with liquidating the investment account from which the $1.8 million check originated. The probate ordered the brokerage firm to distribute the funds to the husband, and ordered the husband to pay the applicable taxes; the order was amended so the $300,000 distribution would roll into an IRA. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 12, 2023, Case #: E2022-00649-COA-R3-CV, Categories: Tax, Wills / Probate
J. Usman finds the lower court properly granted a tenant’s motion to compel in this landlord/tenant matter. A lawsuit was filed against a tenant of a property that was damaged when a cat caused a ribbon to come into contact with a lit candle. The fiery ribbon set a craft basket containing aerosol cans aflame and the resulting explosion set the home afire. The tenant motioned to compel and found the lawsuit was a subrogation action brought by the landlord’s insurance company in their name. The lower court properly found in favor of the tenant because the lease does not specify which party must obtain fire insurance on the property, and it does not prohibit the tenant from being considered a co-insured party under the landlord’s insurance; as a co-insured party, the insurance company cannot bring a subrogation action against the tenant. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: June 5, 2023, Case #: M2022-00708-COA-R3-CV, Categories: Insurance, Landlord Tenant
J. Frierson finds the lower court improperly valued the marital assets and retirement accounts of the parties in this matter of divorce, and those specific issues are remanded to the lower court for further action. All other decisions by the lower court in the instant matter are found to be without error. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: May 26, 2023, Case #: E2021-00399-COA-R3-CV, Categories: Family Law